Baker v. Kansas City, Clinton & Springfield Railway Co.
Missouri Court of Appeals
Appeal from the St. Glair Circuit Court. — Hon. D. P. Stbatton, Judge. (1) It was error in the trial court to refuse defendant questions of the witness Harrison tending to establish the fact, that he, Harrison,- was the owner of the ties and not the plaintiff. Webster v. Heylman, 11 Mo. 428. There was an entire failure of the evidence to show any liability of defendant in this action.
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Appeal from the St. Glair Circuit Court. — Hon. D. P. Stbatton, Judge. (1) It was error in the trial court to refuse defendant questions of the witness Harrison tending to establish the fact, that he, Harrison,- was the owner of the ties and not the plaintiff. Webster v. Heylman, 11 Mo. 428. There was an entire failure of the evidence to show any liability of defendant in this action. Callahan v. Wane, 40 Mo. 131; Alexander v. Harrison, 38 Mo. 258; McFarland v. Bellows, 49 Mo. 311; McClanahan v. Schricker, 45 Mo. 280. (2) The instruction given for the plaintiff is manifestly erroneous, for…
1Opinion of the CourtSmith, P. J.
This is an action for the wrongful taking and conversion of six hundred and four railway cross-ties. At the trial the undisputed evidence in the case showed that the ties were the property of plaintiff, and had been placed by him on defendant’s right of way during the fall and winter of 1887 and 1888, and in the spring of 1888 they were taken up, against the protest of the plaintiff who was present, by a tie train on defendant’s road, under the management and control of defendant’s agents, and the plaintiff has never been paid for them. The testimony of the witness Wood shows that the tie…
2Cases cited9 opinions
- Spencer v. VanceSupreme Court of Missouri · 1874
- Williams v. WallSupreme Court of Missouri · 1875
- Watson v. HarmonSupreme Court of Missouri · 1885
- Walker v. BorlandSupreme Court of Missouri · 1855
- Toledo, Wabash & Western Railway Co. v. IngrahamIllinois Supreme Court · 1875
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3Cited by3 opinions
- Scharff v. Southern Illinois Construction Co.Missouri Court of Appeals · 1905
- Milligan v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1899
- Rogers & Powers v. WarrenMissouri Court of Appeals · 1898