Macy v. Carter
Missouri Court of Appeals
Appeal from the Grundy Circuit Court. — Hon. P. C. Stepp, Judge. (1) There being no allegation in the. petition of any special damages, and the law implying none, from the doing of the act complained of (other than the ¡Statutory penalty of $5), the court erred in admitting evidence of the loss to plaintiffs of the use of the eighty acres of pasture lands, of the estimated value of from $75 to $480. 1 Sedgwick on Dam. 426; Bliss on Code Plead. [2 Ed.] 297b; Oleary v. Bowen,…
Read the full summary
Appeal from the Grundy Circuit Court. — Hon. P. C. Stepp, Judge. (1) There being no allegation in the. petition of any special damages, and the law implying none, from the doing of the act complained of (other than the ¡Statutory penalty of $5), the court erred in admitting evidence of the loss to plaintiffs of the use of the eighty acres of pasture lands, of the estimated value of from $75 to $480. 1 Sedgwick on Dam. 426; Bliss on Code Plead. [2 Ed.] 297b; Oleary v. Bowen, 31 Mo. 119; State v. Blockman, 51 Mo. 320; Brown v. Railroad, 99 Mo. 311; Hewitt v. Harvey, 46 Mo. 368; Kennayde v.…
1Opinion of the CourtGill, J.
This is an action of trespass, wherein it was alleged by the petition that on April 5,1895, plain*325tiffs owned and were in the possession of certain farm lands in Grundy county, which were inclosed with good and sufficient rail and post and wire fencing; and “that on said fifth day of April, 1895, the defendants, without leave and wrongfully entered upon said estate and voluntarily threw down a portion of said rail and post and wire fence upon and inclosing said real estate, and left the same down; by reason of which unlawful acts of the defendants, plaintiffs say they are injured and damaged…
2Cases cited1 opinion
- Krueger v. Le BlancMichigan Supreme Court · 1886
3Cited by2 opinions
- Macey v. CarterMissouri Court of Appeals · 1898
- Powell v. City of ColumbiaMissouri Court of Appeals · 1911