Chapman v. St. Louis Belt & Terminal Railway Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Non. J. W. McElhinney, Judge. (1) It was defendant’s contention that the character of soil of this particular cut was such that its sides had a tendency to slide and cave in even though the cut was sloped at an angle less sharp than usual; defendant introduced expert witnesses to support this-contention.
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Appeal from St. Louis County Circuit Court. — Non. J. W. McElhinney, Judge. (1) It was defendant’s contention that the character of soil of this particular cut was such that its sides had a tendency to slide and cave in even though the cut was sloped at an angle less sharp than usual; defendant introduced expert witnesses to support this-contention. Admitting this contention (that the shale and clay sides of this cut presented unusual difficulties because of their extraordinary tendency to slide and cave in), then defendant should have exercised a high degree of care in constructing the cut;…
1Opinion of the CourtWoodson, J.
This is a suit brought by the plaintiffs against the defendant to .recover $25,000 damages sustained by them through the alleged negligence of the latter in grading its right of way along and adjacent to their property, and thereby causing it to cave in.
The facts are few, and most of them are undisputed. They are as follows:
Some time prior to the institution of this suit,, the defendant brought another suit against the plaintiffs, for the purpose of condemning a strip of land through their property for its right of way. In due time the latter came on regularly for trial, and. after the…
2Cases cited9 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
- Benson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
- Aston v. NolanCalifornia Supreme Court · 1883
- Moss v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Smith v. AldridgeMissouri Court of Appeals · 1962
- Lemon v. Garden of Eden Drainage DistrictSupreme Court of Missouri · 1925
- Bray v. Land Construction Co.Missouri Court of Appeals · 1920