Williams v. Dent Iron Co.
Missouri Court of Appeals
Appeal from the Dent Circuit Court, Hon. Thomas A. Bruce, Judge. The measure of damages is a matter of law to be decided by the court, and whenever it shall appear that the jury have disregarded the instructions in this respect the verdict will not be permitted to stand. Sedg. on Meas, of Dam. [6 Ed.] 768. The measure of damages in the case was the loss to the rental value of the property for the time, and the court erred in refusing to "permit defendant to show that value.
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Appeal from the Dent Circuit Court, Hon. Thomas A. Bruce, Judge. The measure of damages is a matter of law to be decided by the court, and whenever it shall appear that the jury have disregarded the instructions in this respect the verdict will not be permitted to stand. Sedg. on Meas, of Dam. [6 Ed.] 768. The measure of damages in the case was the loss to the rental value of the property for the time, and the court erred in refusing to "permit defendant to show that value. Rinney v. Berry, 61 Mo. 360. The court erred in permitting the plaintiff to answer the question how much he was damaged…
1Opinion of the CourtRombauer, P. J.
The plaintiff filed a statement before a justice of the peace August 23, 1887, asking for one hundred and fifty dollars damages averred to be caused to him by the following state of facts :
Plaintiff is the owner of a three-acre lot of ground situated on a channel or ravine below defendant’s mine, and complains that the defendant “pumps water by means of a steam engine and pump from a pond of water where the ore and dirt was taken out of said mine, and throws it on the iron dump and in the jigs, and the mud, iron ore, and water run down the natural phannel and ravine upon and through and…
2Cases cited6 opinions
- Finney v. BerrySupreme Court of Missouri · 1875
- Merrifield v. City of WorcesterMassachusetts Supreme Judicial Court · 1872
- Hickerson v. City of MexicoSupreme Court of Missouri · 1874
- Kennedy v. HolladayMissouri Court of Appeals · 1887
- Poorman v. MitchellSupreme Court of Missouri · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Rhodes v. Holladay-Klotz Land & Lumber Co.Missouri Court of Appeals · 1904
- Kick v. DoersteMissouri Court of Appeals · 1891
- Christy v. Great Northern Life InsuranceMissouri Court of Appeals · 1944