Webster v. Kansas City & Southern Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. W. Henry, Judge. (1) The court erred in admitting any evidence •under the pleading; it contains no allegation that defendant’s entry was wrongful or that the occupation became wrongful by matter subsequent to the entry. jRobertson v. Railroad, 18 Mo. App. 187; Edmonson v. Kite, 43 Mo. 176; Aull Savings Rankv.
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Appeal from Jackson Circuit Court. — Hon. J. W. Henry, Judge. (1) The court erred in admitting any evidence •under the pleading; it contains no allegation that defendant’s entry was wrongful or that the occupation became wrongful by matter subsequent to the entry. jRobertson v. Railroad, 18 Mo. App. 187; Edmonson v. Kite, 43 Mo. 176; Aull Savings Rankv. Aull, 80 Mo. 201; Cohen v. Kyler, 27 Mo. 122; Hubbard v. Railroad, b3Mo. 70. (2) The court erred in admitting evidence. ■ (3) Instruction number 2 for plaintiff was erroneous as it ignores the question whether the entry was wrongful or by…
1Opinion of the CourtMacearlane, J.
The suit is by Edward H. Webster and wife, Medora R. Webster, Charles D. Lucas and Richard H. Weller, and is to recover damages from defendant for taking possession of and building its road upon a strip of their land, 66 feet wide, through the-south one-half southwest quarter of section 24, township 49, range 33, and for damages to the residue of the-the tract by reason thereof. The petition charges, in substance, that plaintiffs, being the owners of the land above described,on the first day of March, 1888, defendant entered and permanently appropriated a strip-thereof sixty-six feet wide…
2Cases cited18 opinions
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Drury v. Midland RailroadMassachusetts Supreme Judicial Court · 1879
- City of Newton v. AtchisonSupreme Court of Kansas · 1883
- Provolt v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1874
- Baker v. Chicago, Rock Island & Pacific R. R.Supreme Court of Missouri · 1874
13 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Beetschen v. Shell Pipe Line Corp.Missouri Court of Appeals · 1952
- Beetschen v. Shell Pipe Line CorporationSupreme Court of Missouri · 1952
- Schnull v. Indianapolis Union Railway Co.Indiana Supreme Court · 1921
- Riggs v. City of SpringfieldSupreme Court of Missouri · 1939
- Harris v. L. P. & H. Construction Co.Missouri Court of Appeals · 1969
26 more not listed; retrieve them via the Exa API.