Holladay-Klotz Land & Lumber Co. v. T. J. Moss Tie Co.
Missouri Court of Appeals
Appeal from the Wayne Circuit Court. — Hon. James F. " Green, Judge. The amended petition sufficiently states a cause of action under the treble damage act. The general rule in regard to trespass is that all who direct the commission of a trespass, or wrongfully contribute to its commission, or procure the commission thereof, or aid or abet others in doing so, or assent to it after it is committed, are equally liable to the injured person.
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Appeal from the Wayne Circuit Court. — Hon. James F. " Green, Judge. The amended petition sufficiently states a cause of action under the treble damage act. The general rule in regard to trespass is that all who direct the commission of a trespass, or wrongfully contribute to its commission, or procure the commission thereof, or aid or abet others in doing so, or assent to it after it is committed, are equally liable to the injured person. Allred v. Bray, 41 Mo. 484; McManus v. Lee, 43 Mo. 206; Holliday v. Jackson, 21 Mo. App. 660; Brown v. Perkins, 1 Allen (Mass.) 89; Welsh v. Cooper, 8 Pa.…
1Opinion of the CourtBiggs, J.
This is a suit for treble damages for an alleged trespass on land (Revised Statutes 1889, section 8675). After alleging tbe ownership and title to certain, lands to be in plaintiff, the amended petition charges “ that on the first day of January, 1894, and on divers days since from said last date until the commencement of this action, the defendant by its servants, agents and employees and by divers persons to this plaintiff unknown, and by colluding, arranging and conspiring with divers irresponsible persons to this plaintiff unknown, entered upon said lands willfully, wrongfully and without…
2Cases cited5 opinions
- Dayharsh v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
- Hewitt v. HarveySupreme Court of Missouri · 1870
- Renshaw v. LloydSupreme Court of Missouri · 1872
- Holliday v. JacksonMissouri Court of Appeals · 1888
- Tackett v. HuesmanSupreme Court of Missouri · 1854
3Cited by5 opinions
- Barnhart v. RipkaMissouri Court of Appeals · 1956
- Steube v. Christopher & Simpson Architectural Iron & Foundry Co.Missouri Court of Appeals · 1900
- Caris v. Nimmons & BennettMissouri Court of Appeals · 1902
- Coats v. Kansas Gas & Electric Co.Supreme Court of Kansas · 1936
- State v. StuartMissouri Court of Appeals · 1906