Goff v. Mulholland
Supreme Court of Missouri
Appeal from St. Louis Land Cowt. This was an action to recover damages for an alleged wrongful entry by defendant upon a lot of ground belonging to the plaintiff and a wrongful removal of earth from the same. The defendant admitted the entry and the removal of the earth and levelling of the lot, and set up as a defence that the same was done by the permission and sanction of the plaintiff. The lot was levelled even with the grade of the street.
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Appeal from St. Louis Land Cowt. This was an action to recover damages for an alleged wrongful entry by defendant upon a lot of ground belonging to the plaintiff and a wrongful removal of earth from the same. The defendant admitted the entry and the removal of the earth and levelling of the lot, and set up as a defence that the same was done by the permission and sanction of the plaintiff. The lot was levelled even with the grade of the street. In the course of the examination of several witnesses, the defendant put this question: “ On how many sides would it have been necessary to build a…
1Opinion of the CourtNapton, Judge
The testimony in relation to the necessity of building a wall around three sides of the plaintiff’s lot, and the expense which such a wall would occasion, was, in our.opinion, irrelevant and incompetent. The plaintiff had a right to retain his lot in such a shape and condition as suited his fancy, and it did not concern the defendant to make calculations as to the amount of expenditure which the indulgence of the plaintiff’s taste might occasion. The question for the jury was, how much the value of the lot was diminished, by the defendant’s trespass, for the purposes to which it was designed…
2Cited by7 opinions
- Tilton v. CofieldSupreme Court of the United States · 1876
- Giboney v. German InsuranceMissouri Court of Appeals · 1892
- Vining v. Franklin Fire InsuranceMissouri Court of Appeals · 1901
- Chapman v. AdamsMissouri Court of Appeals · 1920
- Erwin v. JonesMissouri Court of Appeals · 1916
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