Ridge v. Railroad Transfer Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) The justice had no jurisdiction to try this ease, which is based on plaintiff’s title to real estate. Bevised Statutes, sec. 6124; Bidivell v. L. & I. Co., 76 Mo. 321; Patterson v. Taney, 81 Mo. 379; State, etc., v. Hopkins, 87 Mo. 519. (2) And since the damage complained of is, as it is stated, an injury to the occupant, and not to the owner.
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Appeal from the Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) The justice had no jurisdiction to try this ease, which is based on plaintiff’s title to real estate. Bevised Statutes, sec. 6124; Bidivell v. L. & I. Co., 76 Mo. 321; Patterson v. Taney, 81 Mo. 379; State, etc., v. Hopkins, 87 Mo. 519. (2) And since the damage complained of is, as it is stated, an injury to the occupant, and not to the owner. Boussen v. Benton, 6 Mb. 592; Cochran v. Whitesides, 34 Mo. 417; 12 Am. Ency. of Law, 720, and notes; 4 Kent’s Com., side pages 119-120. (3) The court erred in not sustaining the…
1Opinion of the CourtGill, J.
— This suit originated before a justice of the peace and was subsequently taken to the circuit court on appeal. It was brought to recover damages for an injury to plaintiff’s reversionary interest in the premises known as 1038 and 1040 Main street, Kansas City. At the time of the injury, to-wit, on the fifth of May, 1892, plaintiff was the owner of said premises,- and John Taylor was in possession thereof under a lease to expire July 1, 1893.
The evidence showed that on the fifth of May, 1892, one Robinson, in the employ of defendant, drove in front of said premises with a load of goods in…
2Cases cited1 opinion
- Polhans v. Atchison, Topeka & Santa Fe RailroadMissouri Court of Appeals · 1891
3Cited by9 opinions
- Chubb Group of Insurance Companies v. C.F. Murphy & Associates, Inc.Missouri Court of Appeals · 1983
- Shamp v. LambertMissouri Court of Appeals · 1909
- Russell v. MeyerNorth Dakota Supreme Court · 1898
- Louisville, New Orleans & Texas Railroad v. JacksonSupreme Court of Arkansas · 1916
- Meade v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1896
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