Nicket v. St. Louis, Memphis & Southern Railroad
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Eon. J. G. Sheppard, Judge. (1) . The court erred in permitting the plaintiff to testify that the soil was washed away from two or three acres of his land, and that he was damaged by the washing away of this soil in the sum of $500. That is not the measure of damages in a case where there is injury to the freehold, the measure of damages is the difference between the yalue of the land just before the injury and immediately after.
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Appeal from Butler Circuit Court. — Eon. J. G. Sheppard, Judge. (1) . The court erred in permitting the plaintiff to testify that the soil was washed away from two or three acres of his land, and that he was damaged by the washing away of this soil in the sum of $500. That is not the measure of damages in a case where there is injury to the freehold, the measure of damages is the difference between the yalue of the land just before the injury and immediately after. Wiggins v. Railroad, 119 Mo. App. 492. (2) The rule is, as we understand it, that where one alleges certain causes to have…
1Opinion of the CourtReynolds, P. J.
This action was instituted in the circuit court of Butler county. The amended petition upon which the case Avas tried, after setting out that the respondent is the OAvner of lands described in it, and that he Avas such owner at the time of the institution of the suit, avers that Cane Creek is a natural watercourse and a running stream, with well-defined channels and banks, and that it runs through and along the eastern side of the lands of the respondent, the lands bordering on the Avest bank of Cane Creek' for a distance of about a mile. It is then averred that the appellant, is a railroad…
2Cases cited6 opinions
- George v. Wabash Western Railway Co.Missouri Court of Appeals · 1890
- Williams v. DittenhoeferSupreme Court of Missouri · 1905
- Wayland v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Bobb v. BobbMissouri Court of Appeals · 1879
- Silver v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- City of Newport v. SchmitCourt of Appeals of Kentucky · 1921
- Pleadwell v. Missouri Glass Co.Missouri Court of Appeals · 1911