Adam v. Chicago, Burlington & Quincy Railroad
Missouri Court of Appeals
Appeal from the Platte County Circuit Court. — Eon. Alonso D. Burnes, Judge. (1) There being no competent probative evidence of the measure, or amount, of damages, the demurrer, at the close of the whole case, should have been sustained. Dunham v. Joice, 129 Mo. 5; Hite v. Railroad, 130 Mo. 132; Hunt v. Railroad, 89 Mo. 607; Champagne v. Harney, 189 Mo. 709. (2) Instruction No. 3 on behalf of plaintiff erroneously states the measure of damages.
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Appeal from the Platte County Circuit Court. — Eon. Alonso D. Burnes, Judge. (1) There being no competent probative evidence of the measure, or amount, of damages, the demurrer, at the close of the whole case, should have been sustained. Dunham v. Joice, 129 Mo. 5; Hite v. Railroad, 130 Mo. 132; Hunt v. Railroad, 89 Mo. 607; Champagne v. Harney, 189 Mo. 709. (2) Instruction No. 3 on behalf of plaintiff erroneously states the measure of damages. The measure of damages for the destruction of alfalfa and like crops is the difference between the value of the land before and after the destruction…
1Opinion of the Court
JOHNSON, J. —
Defendant, a railroad company, built a railroad across the land of plaintiffs in 1906, and put in a culvert where the road crossed a natural watercourse. Plaintiffs allege the culvert was insufficient and that in 1908 five acres of alfalfa planted by plaintiffs in the preceding year were totally destroyed by the waters thrown back on plaintiffs’ land by the obstruction. Several defenses were interposed in the answer. A trial to a jury resulted in a verdict and judgment for plaintiffs in the sum of $200/ and the cause is here on the appeal of defendant.
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2Cases cited6 opinions
- Standley v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1906
- Doty v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1909
- Thompson v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1909
- Mattis v. St. Louis & San Franciso RailroadMissouri Court of Appeals · 1909
- Jones v. Cooley Lake ClubMissouri Court of Appeals · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- City of Norwood v. SheenOhio Supreme Court · 1933
- Binder v. PerkinsSupreme Court of Kansas · 1973
- DeSalme v. Union Electric Light & Power Co.Missouri Court of Appeals · 1937
- Venie v. South Central Enterprises, Inc.Missouri Court of Appeals · 1966
- Blankenship v. Kansas Explorations, Inc.Supreme Court of Missouri · 1930
11 more not listed; retrieve them via the Exa API.