Wallace v. Kansas City & Southern Railway Co.
Missouri Court of Appeals
Appeal from the Henry Circuit Court. — Hon. David A. DeArmond, Judge. (1) The demurrer to the evidence ought to have been sustained. There was no evidence as to any damages except of a temporary character, and no amount therefor had been stated. Smith o. Railroad, 98 Mo. 24. (2) The court admitted incompetent evidence over the objections of the defendant.
Read the full summary
Appeal from the Henry Circuit Court. — Hon. David A. DeArmond, Judge. (1) The demurrer to the evidence ought to have been sustained. There was no evidence as to any damages except of a temporary character, and no amount therefor had been stated. Smith o. Railroad, 98 Mo. 24. (2) The court admitted incompetent evidence over the objections of the defendant. The witnesses were asked the following questions: “Q. What, in your opinion, was the value of this Wallace lot in the winter of 1888, just as it stood in the winter of 1888, just before the road and embankmentjwere put in there, and what was…
1Opinion of the CourtSmith, P. J.
This is an action for damages. The ■ petition contains but one count which specifies that two' subjects of injury were sustained by the plaintiff on account of a single wrongful act: one, the construction of an embankment of stone and earth in the street in front of the plaintiff ’ s lot and dwelling-house, so that the egress and ingress to and from the street was rendered difficult and dangerous, and the other was the erection of an embankment to the south of plaintiff ’ s lot on which to lay the track of its railway, and in so negligently placing a culvert through said embankment to the…
2Cases cited13 opinions
- Benson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
- Hargreaves v. KimberlyWest Virginia Supreme Court · 1885
- Givens v. Van StuddifordSupreme Court of Missouri · 1885
- Dickson v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880
- Van Hoozier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Muncie Pulp Co. v. KeeslingIndiana Supreme Court · 1906
- Kansas City v. BrownSupreme Court of Missouri · 1920
- Stephenson v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1897
- Gardner v. City of St. JosephMissouri Court of Appeals · 1902
- Robinson v. Springfield Southwestern Railway Co.Missouri Court of Appeals · 1910