Legal Opinion

Howell v. Jackson County

Supreme Court of Missouri

Decided December 2, 1914PublishedCited by 21 opinions

Appeal from Jackson Circuit Court. — Eon. Walter A. Powell, Judge. (1) The court erred in giving at request of respondent, oyer the objection of appellant, instruction A, because it required tbe jury to assess the cost of fences as a distinct item of damage and it also contains overlapping provisions. ' Railroad v. MurpMne, 4 "Wa'sh. 448; Glendenning’ v. Stahley, 173 Ind. 681; Farmers Co. v. Cooper, 54 Colo. 409; Newgass v. Railroad, 54 Ark. 145; Pittsburg v. McCloskey, 110…

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Appeal from Jackson Circuit Court. — Eon. Walter A. Powell, Judge. (1) The court erred in giving at request of respondent, oyer the objection of appellant, instruction A, because it required tbe jury to assess the cost of fences as a distinct item of damage and it also contains overlapping provisions. ' Railroad v. MurpMne, 4 "Wa'sh. 448; Glendenning’ v. Stahley, 173 Ind. 681; Farmers Co. v. Cooper, 54 Colo. 409; Newgass v. Railroad, 54 Ark. 145; Pittsburg v. McCloskey, 110 Pa. St. 436; Curtain v. Railroad, 135 Pa. 20; Ilanrahan v. Pox, 47 Iowa, 102; Henry v. Railroad, 2 Iowa, 288;…

1Opinion of the CourtLamm, J.

Appeal by Jackson county from a judgment for damages in favor of a landowner.

No remonstrance having been filed in the matter of locating and opening a public road in Sni-a-bar township, Jackson county, presently proceedings were had culminating in orders in the county court finding jurisdictional facts together with the practicability of the road, that same was of such public utility as warranted the location, establishment and opening thereof at the expense of the county, etc., the petitioners depositing the probable damages, estimated at $200, in the county treasury. It was further ordered…

2Cases cited6 opinions

  1. Singer Manufacturing Co. v. StephensSupreme Court of Missouri · 1902
  2. Stid v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1908
  3. Bennett v. WoodySupreme Court of Missouri · 1897
  4. State ex rel. Bond v. FisherSupreme Court of Missouri · 1910
  5. Forsyth v. HeegeMissouri Court of Appeals · 1895

1 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. City of St. Louis v. Butler Co.Supreme Court of Missouri · 1949
  2. State Ex Rel. State Highway Commission v. BrueningSupreme Court of Missouri · 1959
  3. State Ex Rel. State Highway Commission v. HaidSupreme Court of Missouri · 1933
  4. Estate of Thomasson v. Boatmen's National BankSupreme Court of Missouri · 1940
  5. Hulsey v. Tower Grove Quarry & Construction Co.Supreme Court of Missouri · 1930

16 more not listed; retrieve them via the Exa API.

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