Smith v. Jacob Dold Packing Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Eon. E. P. Gates, Judge. (1) The court erred in refusing to sustain defendant’s demurrer, and in refusing to give a peremptory instruction to find for the defendant. Barney v. Railroad, 126 Mo. 372; Moran v. Car Co., 134 Mo. 642; Overholt v. Yieths, 93 Mo. 422; Butz v. Cavanaugh, 137 Mo. 511; Klix v. Nieman, 68 Wis. 271; Gillespie v. McGowan, 100 Pa.
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Appeal from the Jackson Circuit Court. — Eon. E. P. Gates, Judge. (1) The court erred in refusing to sustain defendant’s demurrer, and in refusing to give a peremptory instruction to find for the defendant. Barney v. Railroad, 126 Mo. 372; Moran v. Car Co., 134 Mo. 642; Overholt v. Yieths, 93 Mo. 422; Butz v. Cavanaugh, 137 Mo. 511; Klix v. Nieman, 68 Wis. 271; Gillespie v. McGowan, 100 Pa. St. 144; Richards v. Connell, 63 N. "W. Rep. 915; 45 Neb. 367; Mergenthaler v. Kirby, 28 Atl. Rep. 1065; 79 Md. 182; Benson v. Traction Co., 26 Atl. Rep. 973; 77 Md. 535; Oil Co. v. Martin, 70 Texas 400;…
1Opinion of the CourtGill, J.
As will be seen by the accompanying plat, the packing houses of the Dold Packing Company at Kansas City are located in what is known as the “West Bottoms” and at the northeast corner of Ninth and Wyoming streets. At the north end of its property the packing company has its engine house where several boilers and furnaces are had to furnish the power for the machinery. Immediately north of this lies a large tract of lowland, unoccupied except by several railroad tracks, and running to the Missouri river. This lowland is in times of high water overflowed,- and when the ■tide recedes there is…
2Cases cited10 opinions
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Hargreaves v. DeaconMichigan Supreme Court · 1872
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Barney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1895
- Daniels v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
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3Cited by12 opinions
- Hardy v. Missouri Pac. R.Court of Appeals for the Eighth Circuit · 1920
- Kelley v. Parker-Washington Co.Missouri Court of Appeals · 1904
- Lentz v. Schuerman Building & Realty Co.Supreme Court of Missouri · 1949
- Paisley Ex Rel. Paisley v. LiebowitsSupreme Court of Missouri · 1961
- Fiel v. City of RacineWisconsin Supreme Court · 1930
7 more not listed; retrieve them via the Exa API.