Miller v. Chicago Great Western Railway Co.
Missouri Court of Appeals
Appeal from Andrew Circuit Court. — Eon. A. D. Burnes, Judge. Appellant’s abstract of record fails to show that any bill of exceptions was ever filed in this case. There is nothing before this court to review, since the only error upon which appellant relies is the court’s action in sustaining plaintiff’s motion for new trial. Lafollette v. Thompson, 83 Mo. 199; State v. Eolly, 135 Mo. 677; Finch v. Trust Co., 92 Mo. App. 263; Findley v. Gill, 80 Mo.
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Appeal from Andrew Circuit Court. — Eon. A. D. Burnes, Judge. Appellant’s abstract of record fails to show that any bill of exceptions was ever filed in this case. There is nothing before this court to review, since the only error upon which appellant relies is the court’s action in sustaining plaintiff’s motion for new trial. Lafollette v. Thompson, 83 Mo. 199; State v. Eolly, 135 Mo. 677; Finch v. Trust Co., 92 Mo. App. 263; Findley v. Gill, 80 Mo. App. 458; Eoush v. Cunningham, 163 Mo. 173; Wilson v. St. L., etc., Co., 167 Mo. 323; Carter v. Prior, 78 Mo. 222.
1Opinion of the CourtEllison, J.
This is an action for damages for an alleged injury to plaintiff’s land caused by defendant’s improper construction of a culvert under its track whereby the water from a spring on plaintiff’s land which adjoins defendant’s railway was obstructed, and so forth. On a trial in the circuit court the defendant obtained a verdict. On plaintiff’s motion the verdict was set aside for error in giving an instruction. Defendant thereupon appealed.
Objection is made to that part of the record which defendant calls the bill of exceptions. The ground of the objection is that while the record proper shows…
2Cases cited3 opinions
- Reno v. JarrellSupreme Court of Missouri · 1901
- McCord Rubber Co. v. St. Joseph Water Co.Supreme Court of Missouri · 1904
- State v. WeinegardSupreme Court of Missouri · 1902