Brown v. Chicago & Alton Railroad
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. Elijah Robinson, Judge. Plaintiff’s fourth instruction was erroneous in assuming the dam caused the overflow, and in directing the jury to assess damages for injury to the land itself, and also to its rental value.
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Appeal from Audrain Circuit Court. — Hon. Elijah Robinson, Judge. Plaintiff’s fourth instruction was erroneous in assuming the dam caused the overflow, and in directing the jury to assess damages for injury to the land itself, and also to its rental value. Revised Statutes, section 788, provides a special remedy for the permanent injury to the land, which excludes all others, and any instruction that plaintiff ivas entitled to damages for such permanent injury, was improper. 1 Sutherland on Damages, 202; Sedgwick on Damages, 162; Wood on Nuisances, § 856. Tlie rule for the measure of damages,…
1Opinion of the Court
Ewing, C.
The respondent owned a farm about one mile above the point where the appellant’s line of railroad crosses Beaver Dam fork of Salt River, at which place appellant had erected a dam for the purpose of procuring water for the use of its road.
Respondent, in August, 1880, commenced a suit in the Audrain circuit court for damages, charging that appellant so negligently and carelessly constructed said dam as to cause the creek to hack up and overflow respondent’s farm, and cause the damage complained of; and alleged as special damages, that grasses were destroyed, trees killed, the land…
2Cases cited6 opinions
- Finney v. BerrySupreme Court of Missouri · 1875
- Benson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
- Iron Mountain Bank v. MurdockSupreme Court of Missouri · 1876
- Capital Bank v. ArmstrongSupreme Court of Missouri · 1876
- Ellis v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Daniel v. Fort Worth & Rio Grande Railway Co.Texas Supreme Court · 1903
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. CaseIndiana Supreme Court · 1910
- Swift v. BroylesSupreme Court of Georgia · 1902
- Randolf v. Town of BloomfieldSupreme Court of Iowa · 1889
- Steinke v. BentleyIndiana Court of Appeals · 1893
20 more not listed; retrieve them via the Exa API.