Miller v. St. Louis, Iron Mountain Southern Railway Co.
Supreme Court of Missouri
Appeal from Stocldard Circuit Court. — Hon. R. P. Owen, Judge. (1) The evidence received to prove, as an element for damag’es in this common-law action, the destruction of plaintiff’s crop by cattle and other stock, consequent upon the negligent burning of the plaintiff’s fence, was incompetent and illegal, and the court erred in permitting proof of the same.
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Appeal from Stocldard Circuit Court. — Hon. R. P. Owen, Judge. (1) The evidence received to prove, as an element for damag’es in this common-law action, the destruction of plaintiff’s crop by cattle and other stock, consequent upon the negligent burning of the plaintiff’s fence, was incompetent and illegal, and the court erred in permitting proof of the same. Turner v. Gibbs, 50 Mo. 556 ; Waters v. Brown, 44 Mo. 302; Clemens v. Railroad, 53 Mo. 370; Peoppus v. Railroad, 67 Mo. 725 ; Ciarle v.. Railroad, 36 Mo. 202; Douglass *. Stephens, 18 Mo. 362; Kenny r>. Railroad, 70 Mo. 255. (2) The…
1Opinion of the Court
Sherwood, J. —
The petition in this cause, so far as necessary to copy it, is as follows: “Plaintiff further states, that defendant was the owner, and had possession and control of the premises adjacent to the premises of this plaintiff, and used and occupied the same in running and operating its said road. Plaintiff further states that defendant criminally and negligently permitted and allowed the premises so owned and occupied by themselves, adjacent to plaintiff’s, to grow up in grass, and permitted the same to dry and become inflammable matter. Plaintiff further states that, on said first…
2Cases cited6 opinions
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Higgins v. DeweyMassachusetts Supreme Judicial Court · 1871
- Fitch v. Pacific RailroadSupreme Court of Missouri · 1870
- Clemens v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1873
- Coates v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Pullman Palace Car Co. v. LaackIllinois Supreme Court · 1892
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. ClarkIndiana Court of Appeals · 1912
- Benedict Pineapple Co. v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
- Mathews v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
- Evansville Hoop & Stave Co. v. BaileyIndiana Court of Appeals · 1908
9 more not listed; retrieve them via the Exa API.