Lynch v. St. Louis, Kansas City & Colorado Railway Co.
Missouri Court of Appeals
Appeal from Johnson Circuit Court. — Ron. A. A. Whitsett, Judge. (1) An instruction should authorize a finding of negligence, only when it specifies the act which the jury is to find the party committed and which act constitutes negligence. Duerst v. Stamping Co., 163 Mo. 607-624; Allen v. Transit Co., 183 Mo. 411-435; Schaaf v. Basket & Box Co., 151 Mo. App. 35; Sommers v. Transit Co., 108 Mo.
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Appeal from Johnson Circuit Court. — Ron. A. A. Whitsett, Judge. (1) An instruction should authorize a finding of negligence, only when it specifies the act which the jury is to find the party committed and which act constitutes negligence. Duerst v. Stamping Co., 163 Mo. 607-624; Allen v. Transit Co., 183 Mo. 411-435; Schaaf v. Basket & Box Co., 151 Mo. App. 35; Sommers v. Transit Co., 108 Mo. App. 319. (2) An instruction complete in itself and purporting to cover the entire case, but ignoring some necessary element is not and cannot,' be cured by others which do not ignore that element.…
1Opinion of the CourtEllison, P. J.
Defendant is a railway corporation which built a line of railroad through and over plaintiffs’ land lying in Johnson county. Near these lands there is a wide depression or basin and in building its road over this defendant found it necessary to construct a fill or dam extending into plaintiff’s lands, reaching thirty feet in height at its greatest elevation. A natural hollow or ditch had received the surface waters from surrounding lands and carried them down to a natural outlet, known as Scaly Bark Creek. But defendants’ fill was built across this ditch and across the entire basin without a…
2Cases cited8 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Paddock v. SomesSupreme Court of Missouri · 1890
- Garland v. SmithSupreme Court of Missouri · 1901
- Rychlicki v. City of St. LouisSupreme Court of Missouri · 1889
- Summet v. City Realty & Brokerage Co.Supreme Court of Missouri · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Lemon v. Garden of Eden Drainage DistrictSupreme Court of Missouri · 1925
- Hess v. HessMissouri Court of Appeals · 1938
- Bray v. Land Construction Co.Missouri Court of Appeals · 1920
- State Ex Rel. Missouri Pacific Railroad v. AllenSupreme Court of Missouri · 1924
- Kelley v. City of Cape GirardeauMissouri Court of Appeals · 1933
3 more not listed; retrieve them via the Exa API.