Miller v. Martin
Supreme Court of Missouri
•Appeal from Andrew Circuit Court. The action on the case for injuries to land can only be maintained for a malfeasance, misfeasance or nonfeasance, and the appellant has been guilty of neither. 1 Chitty’s Plead. 7 Am. ed. 95, and note 206 ; also, page 150. Tidd’s Practice, 4. It being lawful for the appellant to burn the stubble and rubbish in his field, to prepare it for cultivation, he is not liable for any accident which might happen, unless he or his servants acted in a…
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•Appeal from Andrew Circuit Court. The action on the case for injuries to land can only be maintained for a malfeasance, misfeasance or nonfeasance, and the appellant has been guilty of neither. 1 Chitty’s Plead. 7 Am. ed. 95, and note 206 ; also, page 150. Tidd’s Practice, 4. It being lawful for the appellant to burn the stubble and rubbish in his field, to prepare it for cultivation, he is not liable for any accident which might happen, unless he or his servants acted in a negligent or improper manner in the burning thereof. Finley v. Langston, 12 Mo. 120. Stephens’ Nisi Prius, 1011, 1012.…
1Opinion of the Court
Scott, Judge,
delivered tbe opinion of tbe court.
This was an action begun in 1847, by Martin, in bis lifetime, against Miller, for damages. Tbe declaration contained two counts, both at tbe common law.
It appears that Martin owned a farm about half a mile north of tbe defendant’s, and between them there was an open prairie. Tbe defendant bad begun to plow a field, preparatory to tbe sowing of oats, but, in consequence of. tbe quantity of stubble and other such matter upon tbe ground, be was obliged to desist. In order to remove tbe obstacles which impeded bis plowing, be put fire to them. There…
2Cases cited2 opinions
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- Mahaffey v. J. L. Rumbarger Lumber Co.West Virginia Supreme Court · 1907
- Catron v. NicholsSupreme Court of Missouri · 1883
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