Belch v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Cole Circuit Court, Hon. E. L. Edwards, J. Statement of case by the court. This case was originally instituted by J. Ed. Belch against defendant.
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Appeal from Cole Circuit Court, Hon. E. L. Edwards, J. Statement of case by the court. This case was originally instituted by J. Ed. Belch against defendant. The petition, omitting the formal parts, is as follows: Plaintiff states that at the time hereinafter stated he was and still is the owner and in possession of a certain tract or parcel of land situated in Osage county, state aforesaid, known as New Madrid Survey No. 2639; that on or about the 15th day of August, 1881, the defendant was running its engine and cars through said lands and by its agents, servants, and employes then and…
1Opinion of the Court
Opinion by
Hall, J.
The defendant complains, and we think properly, of the trial court permitting the plaintiff’s witnesses to state what in their opinion was the amount of damages sustained by him. “The general rule, and which I regard as the safer one, of confining the testimony of witnesses to facts, including values, and leaving it to the jury to find the measure of damages from all the facts proved,” is the proper rule. R. R. Co. v. Beebe, 14 Neb. 472; City of Parsons v. Lindsay, 26 Kan. 430 ; R. R. Co. v. Ball, 5 Ohio St. 571; Farrand v. R. R. Co., 21 Wis. 441; Dunham v. Simmons, 3 Hill…
2Cases cited3 opinions
- Atkinson v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- B. & M. R. R. v. SchluntzNebraska Supreme Court · 1883
- Burlington & Missouri River Railroad v. BeebeNebraska Supreme Court · 1883
3Cited by6 opinions
- Hurt v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1887
- Spencer v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1894
- Kennedy v. HolladayMissouri Court of Appeals · 1887
- Pierce v. Inhabitants of LutesvilleMissouri Court of Appeals · 1887
- Williams v. Dent Iron Co.Missouri Court of Appeals · 1888
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