Jackson v. Chicago, St. Paul & Kansas City Railroad
Missouri Court of Appeals
Appeal from the Nodaway Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) The trial court should have sustained the objection interposed by the defendant to the introduction of any evidence to sustain the issues presented by the pleadings. . It appearing that the petition neither charged fraud, accident or mistake; it further appearing that the written terms of the contract between the parties, were set up in the answer and were admitted, as there plead, by counsel for…
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Appeal from the Nodaway Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) The trial court should have sustained the objection interposed by the defendant to the introduction of any evidence to sustain the issues presented by the pleadings. . It appearing that the petition neither charged fraud, accident or mistake; it further appearing that the written terms of the contract between the parties, were set up in the answer and were admitted, as there plead, by counsel for plaintiff in his statement of the ease to the jury, a pure question of law was thereby presented to the court. Harrison v.…
1Opinion of the CourtEllison, J.
— This action is for damages caused by the overflow of plaintiff’s lands. The cause of the overflow, as alleged, was the failure of defendant to dig and maintain a ditch on the west side of its railway through plaintiff’s lands as alleged it agreed to do as a part of the consideration- for a deed for right of way which plaintiff executed and delivered to it; such part of the consideration not being mentioned in the deed, and.not charged to have been omitted by fraud, accident or mistake. The consideration mentioned in the deed is two hundred and fifty dollars and that “the said railway…
2Cases cited4 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Purinton v. Northern Illinois RailroadIllinois Supreme Court · 1867
- Hollocher v. HollocherSupreme Court of Missouri · 1876
- Laudman v. IngramSupreme Court of Missouri · 1872
3Cited by34 opinions
- McNinch v. Northwest Thresher Co.Supreme Court of Oklahoma · 1909
- Harrington v. Kansas City Cable Railway Co.Missouri Court of Appeals · 1895
- Matheson v. C-B Live Stock Co.Court of Appeals of Texas · 1915
- Ryan v. RyanWashington Supreme Court · 1956
- Union Machinery & Supply Co. v. DarnellWashington Supreme Court · 1916
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