Abbott v. Kansas City, St. Joseph & Council Bluffs Railroad
Supreme Court of Missouri
Appeal from Platte Circuit Court. — Hon. George W. Dunn, Judge. (1) The first instruction given for the plaintiff was-wrong in that it did not confine the jury in its finding to the facts alleged in the petition to constitute unskilfulness in the construction of the bridge. Price v. R. R., 72 Mo. 416; Waldhier v. R. R., 71 Mo. 514; Edens v. R. R., 72 Mo. 212. (2) The second instruction given for plaintiff was erroneous.
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Appeal from Platte Circuit Court. — Hon. George W. Dunn, Judge. (1) The first instruction given for the plaintiff was-wrong in that it did not confine the jury in its finding to the facts alleged in the petition to constitute unskilfulness in the construction of the bridge. Price v. R. R., 72 Mo. 416; Waldhier v. R. R., 71 Mo. 514; Edens v. R. R., 72 Mo. 212. (2) The second instruction given for plaintiff was erroneous. He was permitted by it to recover whether defendant was in fault or not. All that the jury was to find was whether defendant failed to provide water-ways, and that owing to…
1Opinion of the CourtRay, J.
This action was begun in the circuit court of Platte county, Missouri, by the plaintiff to recover for loss of crops and injury to his lands, situated in the northwest quarter, the southwest quarter and the southeast quarter of section 29, township 54, range 36, in Platte county, Missouri. Said lands and crops were injured and damaged in April, 1876, by overflow, which is charged *275to have been occasioned by defendant’s negligence. The ^petition is set ont in two'counts. The first count charges the defendant with negligence and unskilfulness in the construction of a pile bridge over a stream…
2Cases cited19 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Hoyt v. City of HudsonWisconsin Supreme Court · 1871
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
14 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- Heins Implement Co. v. Missouri Highway & Transportation CommissionSupreme Court of Missouri · 1993
- Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Cass v. DicksWashington Supreme Court · 1896
- Clark v. AllamanSupreme Court of Kansas · 1905
- Happy v. KentonSupreme Court of Missouri · 1952
61 more not listed; retrieve them via the Exa API.