Missouri Fire Clay Works v. Ellison
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hon. Daniel Dillon, Judge. The court erred in admitting testimony of plaintiff’s witness Shea. The amount of damages was the question for the jury to' decide, not the witness.
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Appeal from the St. Louis Circuit Court, Hon. Daniel Dillon, Judge. The court erred in admitting testimony of plaintiff’s witness Shea. The amount of damages was the question for the jury to' decide, not the witness. The court erred in excluding defendant’s testimony, offered of any and all proceedings in the mechanic’s lien suit of Ellison et al. v. Missouri Fire Brick Company, and the sheriff’s sale and deed to Ellison thereunder of the premises in question, and in giving instruction number one for plaintiff, which embodies the theory under which the court tried the case. Rev. Stat., secs.…
1Opinion of the CourtThompson, J.
This action is for damages occasioned by the alleged trespass of William Ellison and his son and partner, Joseph Ellison, in unlawfully breaking into premises of respondent and unlawfully and violently injuring the realty, and removing therefrom a lot of chattels there situated and converting them to their own use. The petition on which the case was tried consists of two counts, the first for damages to the realty, the second for the conversion of chattels. In each count the damage is laid at eight thousand dollars.
*70As appears by the bill of exceptions, there was a total failure of evidence…
2Cases cited9 opinions
- Coe v. RitterSupreme Court of Missouri · 1885
- Heim v. VogelSupreme Court of Missouri · 1879
- Crandall v. CooperSupreme Court of Missouri · 1876
- Schaeffer v. LohmanSupreme Court of Missouri · 1863
- Mississippi Planing Mill v. Presbyterian ChurchSupreme Court of Missouri · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Winscott v. Guarantee Investment Co.Missouri Court of Appeals · 1895
- Edward McLundie & Co. v. MountMissouri Court of Appeals · 1909
- Smith v. RichardsonMissouri Court of Appeals · 1898
- Ferguson v. Venice Transportation Co.Missouri Court of Appeals · 1899
- Brownell & Wight Car Co. v. BarnardSupreme Court of Missouri · 1893
11 more not listed; retrieve them via the Exa API.