Johnson v. Kansas City Terminal Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. D. E. Bird, Judge. (1) The court erred in giving to the jury the instruction requested by the plaintiff. Hosher v. Railroad, 60 Mo. 329; Abbott v. Railroad, 83 Mo. 271; Obert v. Dunn, et al., 140 Mo. 476; Gerst v. St. Louis, 185 Mo. 191; Salmon v. Kansas City, 241 Mo. 38; Handlan v. McManus, 42 Mo. App. 551; Carpenter v. Reliance Realty Co., 103 Mo. App. 491; Hoffman v. Walsh, 117 Mo. App. 278; Thurmond v. White Lime Asse., 125 Mo.
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Appeal from Jackson Circuit Court. — Hon. D. E. Bird, Judge. (1) The court erred in giving to the jury the instruction requested by the plaintiff. Hosher v. Railroad, 60 Mo. 329; Abbott v. Railroad, 83 Mo. 271; Obert v. Dunn, et al., 140 Mo. 476; Gerst v. St. Louis, 185 Mo. 191; Salmon v. Kansas City, 241 Mo. 38; Handlan v. McManus, 42 Mo. App. 551; Carpenter v. Reliance Realty Co., 103 Mo. App. 491; Hoffman v. Walsh, 117 Mo. App. 278; Thurmond v. White Lime Asse., 125 Mo. App. 73. (2) The court erred in making a prejudicial statement in the presence and hearing of the jury to the effect that…
1Opinion of the CourtJopinson, J.
Plaintiff sued in a justice court to recover damages to her house caused by the blasting of rock by defendant in deepening a cut for its railroad. The statement alleged “that in making said cut said defendant had to cut through an enormous ledge of rock; that during the year 1912 and since the said defendant so carelessly and negligently performed said work that it shot off numerous blasts of powder and dynamite which said blasts shook the entire neighborhood for blocks around . . . and shook the said plaintiff's house and damaged the same. . . . That all said damages were caused by the…
2Cases cited13 opinions
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Munro v. Pacific Coast Dredging & Reclamation Co.California Supreme Court · 1890
- Fitz Simons & Connell Co. v. Braun & FittsIllinois Supreme Court · 1902
- Colton v. OnderdonkCalifornia Supreme Court · 1886
- Booth v. Rome, Watertown & Ogdensburg Terminal RailroadNew York Court of Appeals · 1893
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3Cited by11 opinions
- Bennett v. Mallinckrodt, Inc.Missouri Court of Appeals · 1985
- Bedell Et Ux. v. GoulterOregon Supreme Court · 1953
- City of Muskogee v. HancockSupreme Court of Oklahoma · 1916
- Smith v. AldridgeMissouri Court of Appeals · 1962
- Summers v. Tavern Rock Sand CompanySupreme Court of Missouri · 1958
6 more not listed; retrieve them via the Exa API.