Offield v. Wabash, St. Louis & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Daviess Circuit Court, Hon. C. H. S. Goodman, Judge. The case is stated in the opinion. I. There is a misjoinder of five separate and independent causes of action in one count of plaintiff’s petition. This point is fully saved in the record. McCoy v. Yager, 34 Mo. 134; Otis v. Mechanics’ Bank, 35 Mo. 128; Van Hoosier v. Railroad, 70 Mo. 145; Dickson v. Railroad., 71 Mo. 575 ; Christal v. Craig, 80 Mo. 371. II.
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Appeal from Daviess Circuit Court, Hon. C. H. S. Goodman, Judge. The case is stated in the opinion. I. There is a misjoinder of five separate and independent causes of action in one count of plaintiff’s petition. This point is fully saved in the record. McCoy v. Yager, 34 Mo. 134; Otis v. Mechanics’ Bank, 35 Mo. 128; Van Hoosier v. Railroad, 70 Mo. 145; Dickson v. Railroad., 71 Mo. 575 ; Christal v. Craig, 80 Mo. 371. II. The court improperly admitted testimony relating to speculative and remote damages. 1 Sutherland on Dam. 106; Taylor v. McGuire, 12 Mo. 318; Ibid, 13 Mo. 517; Mining Co. v.…
1Opinion of the CourtEllison, J.
This action is to recover two thousand dollars damages sustained by plaintiff by the destruction of his crops from the overflow of Ms lands, alleged to have been caused by defendant. The overflow resulted from a diversion of the channel of a certain water course, known as “Board Tree Branch,” and occurred in the years 3879, 1880, 1881, 1882, and 1883, successively. The entire cause of action is stated in one count, and the damage is laid in one sum. Defendant filed a motion to require plaintiff to elect which year he would contend for. This motion was overruled, exception was taken, and the…
2Cases cited5 opinions
- Mooney v. KennettSupreme Court of Missouri · 1854
- Christal v. CraigSupreme Court of Missouri · 1883
- Dickson v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880
- Van Hoozier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Otis v. Mechanics' BankSupreme Court of Missouri · 1864
3Cited by10 opinions
- B'ham Ry. L. & P. Co. v. NicholasSupreme Court of Alabama · 1913
- Alabama Great Southern Railroad v. ShahanSupreme Court of Alabama · 1896
- Bird v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1888
- Bunten v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1892
- Southern Railway Co. v. McIntyreSupreme Court of Alabama · 1907
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