Legal Opinion

Field v. Chicago, Rock Island & Pacific Railway Co.

Missouri Court of Appeals

Decided April 19, 1886PublishedCited by 10 opinions

Appeal from Platte. Circuit Court, Hon. Geobge W. Dunn, Judge. Statement of case by the court. This suit was brought by the deceased, Geo. W. Field, to recover damages for the destruction of a growing crop of corn on his land. Said deceased had judgment in the circuit court, from which the defendant appealed to the supreme court. The judgment was reversed and the cause remanded,“for the reason that the petition did not state a cause of action.

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Appeal from Platte. Circuit Court, Hon. Geobge W. Dunn, Judge. Statement of case by the court. This suit was brought by the deceased, Geo. W. Field, to recover damages for the destruction of a growing crop of corn on his land. Said deceased had judgment in the circuit court, from which the defendant appealed to the supreme court. The judgment was reversed and the cause remanded,“for the reason that the petition did not state a cause of action. Field v. Railroad Co., 76 Mo. 615. An amended petition was filed by the deceased, a judgment again had by him, and appeal taken to this court by the…

1Opinion of the CourtEllison, J.

— The agreed statement of facts is to be treated as a special verdict. The only question which we deem it necessary for us to consider is, whether that statement is sufficient to support the judgment rendered in this case. The amended petition is based upon section 810, Revised Statutes. That section is as follows: -“It shall be the duty of every corporation, company or *605person owning or operating any railroad or branch thereof in this state, and of any corporation, company or person constructing any railroad in this state, within three months after the completion of the same, to cause to be…

2Cases cited1 opinion

  1. Gage v. GatesSupreme Court of Missouri · 1876

3Cited by10 opinions

  1. Cox v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1903
  2. McCarthy v. Employers' Fire InsuranceMontana Supreme Court · 1934
  3. State v. North American Car Corp.Montana Supreme Court · 1945
  4. Graves v. Kansas City, Pittsburg & Gulf RailroadMissouri Court of Appeals · 1897
  5. Collier v. Chicago & Alton RailroadMissouri Court of Appeals · 1892

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