Ready v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Ho». E. P. Gates, Judge. (1) Defendant’s demurrer to the evidence should have been sustained. Abbott v. Railroad, 83 Mo. 27T; Martin v. Benoist, 20 Mo. App. 262; Schmidt v. Rowse, 35-Mo. App. 288; Byrne v. Railroad, 47 Mo.
Read the full summary
Appeal from Jackson Circuit Court. — Ho». E. P. Gates, Judge. (1) Defendant’s demurrer to the evidence should have been sustained. Abbott v. Railroad, 83 Mo. 27T; Martin v. Benoist, 20 Mo. App. 262; Schmidt v. Rowse, 35-Mo. App. 288; Byrne v. Railroad, 47 Mo. App. 383. (2) The court committed error in giving plaintiff’s instruction No. 1. (3) The court also committed error in giving plaintiff’s instruction No. 11. Graves v. Railroad, 69 Mo. 579. (4) The verdict was so clearly against the weight of evidence that it should not have been permitted to stand. ■ (1) The plaintiff’s case is based…
1Opinion of the CourtEllison, J.
This is an action for damages caused by defendant discharging surface water onto plaintiff’s real property and improvements thereon. The judgment was for the plaintiff in the sum of four hundred dollars.
In order to determine the legal question applicable to this case it is only necessary to state, in a very general way, the cause of the complaint as made out by evidence in plaintiff’s behalf. Plaintiff’s property is situated across an alley from defendant’s line of railroad. Water flows from higher groundbeyond onto the railroad and is received by ditches alongside of the track. There was…
2Cases cited5 opinions
- Paddock v. SomesSupreme Court of Missouri · 1890
- Finney v. BerrySupreme Court of Missouri · 1875
- Rychlicki v. City of St. LouisSupreme Court of Missouri · 1889
- Foncannon v. City of KirksvilleMissouri Court of Appeals · 1901
- Smith v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
3Cited by11 opinions
- Chicago & Alton Railroad v. TranbargerSupreme Court of the United States · 1915
- Miller v. LetzerichTexas Supreme Court · 1932
- Thayer-Moore Brokerage Co. v. CampbellMissouri Court of Appeals · 1912
- Grant v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1910
- Mehonray v. FosterMissouri Court of Appeals · 1908
6 more not listed; retrieve them via the Exa API.