Knight Bros. v. Chicago, Rock Island & Pacific Railroad
Missouri Court of Appeals
Appeal from Daviess Circuit Court. — No». Joshua ~W. Alexander, Judge. (1) The general rule is well settled that the measure of damages for injury to real estate, is the difference in the market value of the land just before and its value just after the injury. Trust Co. v. Bambrick,-149 Mo. 569; Brown v. Railroad, 80 Mo. 460; Ready v. Railroad, 98 M'o. App. 467; Tegeler v. Kansas City, 95 Mo. App. 162; Carson v. Springfield, 53 Mo. App. 296; Paddock v. Somes, 51 Mo.
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Appeal from Daviess Circuit Court. — No». Joshua ~W. Alexander, Judge. (1) The general rule is well settled that the measure of damages for injury to real estate, is the difference in the market value of the land just before and its value just after the injury. Trust Co. v. Bambrick,-149 Mo. 569; Brown v. Railroad, 80 Mo. 460; Ready v. Railroad, 98 M'o. App. 467; Tegeler v. Kansas City, 95 Mo. App. 162; Carson v. Springfield, 53 Mo. App. 296; Paddock v. Somes, 51 Mo. App. 326; Hudson v. Burke, 48 Mo*. App. 317; Wallace v. Railroad, 47 Mo. App. 496; Autenreith v. Railroad, 36 Mo. App. 263. (2)…
1Opinion of the CourtEllison, J.
The defendant railway company by one of its passing locomotives set fire to plaintiffs’ adjoining meadow and, as plaintiffs claim, destroyed it. They brought this action for damages.
The evidence in behalf of the plaintiffs tended to show that in the fall of 1904, they had reserved the pasturage on the meadow field in question for later use and that it was being so reserved on October 16th, when as they were about ready to turn their stock upon it, it was destroyed by defendant setting fire thereto. Not only was that growth of grass destroyed, but the roots of the grass were burned so as to…
2Cases cited5 opinions
- Green v. WilliamsIllinois Supreme Court · 1867
- City of Chicago v. HuenerbeinIllinois Supreme Court · 1877
- Houston, East & W. Tex. R'y Co. v. AdamsTexas Supreme Court · 1885
- Hughes v. HoodSupreme Court of Missouri · 1872
- Ohio & Mississippi Railway Co. v. NuetzelAppellate Court of Illinois · 1892
3Cited by12 opinions
- Linforth v. S.F. Gas and Electric Co.California Supreme Court · 1909
- Sullivan v. WinerMissouri Court of Appeals · 1957
- Couch v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1913
- Mattis v. St. Louis & San Franciso RailroadMissouri Court of Appeals · 1909
- Jones v. Cooley Lake ClubMissouri Court of Appeals · 1906
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