Payne v. Kansas City, St. Joseph & Council Bluffs Railroad
Supreme Court of Missouri
Appeal from Holt Circuit Court. — Hon. C. A. Anthony, Judge. (1) The court erred in refusing to give instruction number 11 asked by plaintiff. There was abundance of evidence that said company had become the successor in the ownership and control of said railroad from and after the year 1870, and had kept up, maintained and repaired said dam. Brown v. Railroad, 12 N. Y. Ct. App. 486; Finney v. Berry, 61 Mo. 359; Biclcsonv.
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Appeal from Holt Circuit Court. — Hon. C. A. Anthony, Judge. (1) The court erred in refusing to give instruction number 11 asked by plaintiff. There was abundance of evidence that said company had become the successor in the ownership and control of said railroad from and after the year 1870, and had kept up, maintained and repaired said dam. Brown v. Railroad, 12 N. Y. Ct. App. 486; Finney v. Berry, 61 Mo. 359; Biclcsonv. Railroad, 71 Mo. 575; Wayland v. Railroad, 75 Mo. 549. (2) The court erred in refusing to give instruction number 13 as asked by plaintiff. Pmnpley v. Green Bay Go., 13…
1Opinion of the CourtBlack, J.
This is an action to recover damages for overflowing some four thousand acres of land owned by plaintiff, thereby destroying his crops in the years 1881, 1882 and 1883, and at the same time permanently., injuring his lands. There is a separate count for 'the damages to the crops in each year, and for the permanent injuries to the land.
The petition avers and the proof shows that the acts complained of were done at different dates and by different railroad companies; but as these companies were consolidated from time to time, forming the present defendant, we shall treat the defendant as liable…
2Cases cited10 opinions
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
- Imler v. City of SpringfieldSupreme Court of Missouri · 1874
- Rychlicki v. City of St. LouisSupreme Court of Missouri · 1889
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3Cited by5 opinions
- Casey v. Wrought Iron Bridge Co.Missouri Court of Appeals · 1905
- Canton Roll & Machine Co. v. Rolling Mill Co. of AmericaU.S. Circuit Court for the District of Northern West Virginia · 1907
- Hulett v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1899
- J. F. Conrad Grocer Co. v. St. Louis & Suburban Railway Co.Missouri Court of Appeals · 1901
- Cigas v. Kansas City Life Insurance Co.Missouri Court of Appeals · 1979