Wilson v. St. Louis & San Francisco Railway Co.
Missouri Court of Appeals
Appeal from the Polk Circuit Court. — Hon. Argus Cox, Judge. Where the wrong complained of does not involve the destruction of the entire estate, the injury may be apportioned from time to time. Hence, it follows that if plaintiff has a right of action for damages to his realty and the destruction of his crops in 1891 and 1892 he must bring separate actions, or at least state his grievances in separate counts. Bunter v. Railroad, 50 Mo.
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Appeal from the Polk Circuit Court. — Hon. Argus Cox, Judge. Where the wrong complained of does not involve the destruction of the entire estate, the injury may be apportioned from time to time. Hence, it follows that if plaintiff has a right of action for damages to his realty and the destruction of his crops in 1891 and 1892 he must bring separate actions, or at least state his grievances in separate counts. Bunter v. Railroad, 50 Mo. App. .414; Van Booster v. Railroad, 70 Mo. 145; Marks v. Davis, 46 Mo. App. 272; Offield v. Railroad, 22 Mo. App. 607. (1) Appellant, by pleading over,…
1Opinion of the CourtGrim., J.
This is a suit for damages done to the plaintiff’s crops in the years 1891 and 1892 by the alleged negligent construction of defendant’s roadbed through plaintiff’s farm, whereby the course of the surface water was diverted, gathered together, and cast in' large quantities onto plaintiff’s cultivated lands. Plaintiff had a verdict and judgment for $80, and defendant appealed.
1. The sole complaint is that the plaintiff was erroneously permitted to join in one count two separate causes of action — the damages done to the crops of 1891 and the injuries committed in 1892 — it being claimed that…
2Cases cited8 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Paddock v. SomesSupreme Court of Missouri · 1890
- Sauter v. LeveridgeSupreme Court of Missouri · 1890
- West v. McMullenSupreme Court of Missouri · 1892
- Pickering v. Mississippi Valley National Telegraph Co.Supreme Court of Missouri · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Grover Irrigation & Land Co. v. Lovella Ditch, Reservoir & Irrigation Co.Wyoming Supreme Court · 1913
- Boyd v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Sisk v. American Central Fire InsuranceMissouri Court of Appeals · 1902
- Berkshire Lumber Co. v. J. S. Chick Investment Co.Missouri Court of Appeals · 1913
- Champ Spring Co. v. B. Roth Tool Co.Missouri Court of Appeals · 1902
1 more not listed; retrieve them via the Exa API.