Hunt v. St. Louis, Iron Mountain & Southern Railroad
Missouri Court of Appeals
Appeal from St. Francois Circuit Court. — Son. Chas. A. Killian, Judge. (1) Plaintiffs’ action was one for the destruction of immature crops; the court erred in admitting testimony as to the value of a matured crop. The measure of damages is the value of the crops at the time they were destroyed. Hosli v. Yokel, 57 M'o. App. 622; 3 Joyce on Damages, sec. 2126; 1 Sutherland on Damages, 103; Gresham v. Taylor, 51 Ala. 505; Irvin v. Holde, 176 Pa.
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Appeal from St. Francois Circuit Court. — Son. Chas. A. Killian, Judge. (1) Plaintiffs’ action was one for the destruction of immature crops; the court erred in admitting testimony as to the value of a matured crop. The measure of damages is the value of the crops at the time they were destroyed. Hosli v. Yokel, 57 M'o. App. 622; 3 Joyce on Damages, sec. 2126; 1 Sutherland on Damages, 103; Gresham v. Taylor, 51 Ala. 505; Irvin v. Holde, 176 Pa. St. 594; Land Co. v. Hartman, 5 Col. App.' 150; Lampley v. Railroad, 63 S. Car. 462; Yarborough v. Railroad, 56 Ark. 612; Lomland v. Railroad, 35…
1Opinion of the CourtGoode, J.
The purpose of this action is to recover for the loss of more than half of twenty acres of growing corn alleged to have been caused by the incursions of hogs into plaintiffs’ field through a defective fence along the right of way of defendant’s railroad. There is a conflict in the evidence as to whether the hogs entered the field because of a defective fence maintained by the defendant, or because plaintiffs’ own fence was in bad repair. This matter was left to the jury on substantial evidence to support the averments of the petition and was determined in plaintiffs’ favor. The undamaged part…
2Cases cited20 opinions
- International & Great Northern Railroad v. PapeTexas Supreme Court · 1889
- Gulf, Colorado & Santa Fe Railway Co. v. McGowanTexas Supreme Court · 1889
- Rice v. WhitmoreCalifornia Supreme Court · 1888
- Chicago, Burlington & Quincy Railroad v. EmmertNebraska Supreme Court · 1897
- Railway Co. v. YarboroughSupreme Court of Arkansas · 1892
15 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- United States Smelting Co. v. SisamCourt of Appeals for the Eighth Circuit · 1911
- Hopper v. Elkhorn Valley Drainage DistrictNebraska Supreme Court · 1922
- Jones v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1939
- Anderson v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1908
- Carter v. Wabash RailroadMissouri Court of Appeals · 1907
7 more not listed; retrieve them via the Exa API.