Waters v. Brown
Supreme Court of Missouri
Error to Fifth District Court. I. Whether plaintiff was guilty of negligence in not refencing the land, was a question of fact for the jury to determine. (18 Mo. 365; 14 ü. S. Dig. 150, § 2; 12 Mete. 415; 7 Grreenl. 42.) H. There was no evidence that the land was necessarily burned out in consequence of the fire. For all that appeal’s in the evidence, the plaintiff made no effort to refence it.
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Error to Fifth District Court. I. Whether plaintiff was guilty of negligence in not refencing the land, was a question of fact for the jury to determine. (18 Mo. 365; 14 ü. S. Dig. 150, § 2; 12 Mete. 415; 7 Grreenl. 42.) H. There was no evidence that the land was necessarily burned out in consequence of the fire. For all that appeal’s in the evidence, the plaintiff made no effort to refence it. It was not sufficient for plaintiff to prove that his rails were burnt by the act of defendant, but the burden of proof was on him to show that his land lay idle in consequence of said burning, without…
1Opinion of the CourtWagner, Judge
This was an action brought by the plaintiff for damages sustained by him in consequence o£ the willful firing, by defendant, of a prairie in Caldwell county, in violation of the statute of this State. Plaintiff claimed damages for 6,400 rails burnt up, forty young peach trees which were destroyed, and also for being deprived of the use of sixty-five acres of land under cultivation during the year 1864 and subsequent thereto. On the trial, the court, of its own motion, gave the following instruction: “If the jury find for plaintiff, they will assess the damages at the value of the peach trees…
2Cases cited1 opinion
- Douglass v. StephensSupreme Court of Missouri · 1853
3Cited by6 opinions
- Hannibal Bridge Co. v. SchaubacherSupreme Court of Missouri · 1874
- Boggs v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1935
- Chicago & Alton Railway Co. v. BuckAppellate Court of Illinois · 1884
- Steffen v. Mississippi River & Bonne Terre Railway Co.Supreme Court of Missouri · 1900
- Shelby v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1898
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