Patten v. Weightman
Supreme Court of Missouri
Appeal from, the Henry Court of Common Pleas. I. It was only necessary for the defendant to look to the order of the County Court directing him to open said road. (Butler vs. Barr, et al., 18 Mo., 357; Walker vs. Likens, et al., 24 Mo., 298.) II. The instructions are inconsistent, and this inconsistency is error. (Wood vs. St. Bt. Fleetwood, 19 Mo., 529; Schneer vs. Lemp, 17 Mo., 142.)
1Opinion of the CourtWagner, Judge
This was an action of trespass in which it was alleged that defendant wrongfully and without leave entered upon lands in which plaintiffs were jointly interested, and upon which were growing crops belonging to them, and tore down and took away a portion of the fence enclosing the premises, by which, stock grazing and herding on the unenclosed lands adjoining, entered upon and destroyed the crops growing thereon, to the plaintiffs damage, &c.
Defendant justified on the ground that he was acting as road overseer, and averred that he entered and tore away the fence in obedience to an order of the…
2Cases cited1 opinion
- Walker v. LikensSupreme Court of Missouri · 1857
3Cited by8 opinions
- Leonard v. SparksSupreme Court of Missouri · 1893
- Taylor v. Von SchraederSupreme Court of Missouri · 1891
- Rousey v. WoodMissouri Court of Appeals · 1892
- Aldredge v. School District No. 16Supreme Court of Oklahoma · 1901
- Crenshaw v. SnyderSupreme Court of Missouri · 1893
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