Bunten v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. Oliyee M. Spenceb, Judge. This action was originally brought to recover ■damages for the destruction of plaintiff’s growing crops, occurring successively in the month of June of the years 1883, 1884 and 1885. The action was begun, on December 16, 1887, by filing a petition in one count .alleging and asking damages in one sum. The petition was amended by adding an allegation of permanent injury to the land.
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Appeal from the Buchanan Circuit Court. — Hon. Oliyee M. Spenceb, Judge. This action was originally brought to recover ■damages for the destruction of plaintiff’s growing crops, occurring successively in the month of June of the years 1883, 1884 and 1885. The action was begun, on December 16, 1887, by filing a petition in one count .alleging and asking damages in one sum. The petition was amended by adding an allegation of permanent injury to the land. Plaintiff recovered, and defendant .has brought the case here. In the .summer of 1871, the Chicago & Southwestern Railway Company graded its…
1Opinion of the CourtEllisok, J.
— I. It will be observed from the statement, that the petition in.this cause is based on the successive destruction of plaintiff’s growing crops in the month of June for the years 1883,1884 and 1885, and for permanent injury to the land, and that there is but one count with the damages laid in a gross sum. Defendant contended below that the destruction of the crop in each year made a separate cause of action which, if united in the same petition, should be separately stated in separate counts. This point was made in the proper manner, but was overruled. The ruling was erroneous as was decided…
2Cases cited17 opinions
- Powers v. City of Council BluffsSupreme Court of Iowa · 1877
- Kansas Pacific Railway v. MihlmanSupreme Court of Kansas · 1876
- Chicago & Alton Railroad v. MaherIllinois Supreme Court · 1878
- Sullens v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1888
- Polly v. McCallSupreme Court of Alabama · 1860
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3Cited by15 opinions
- Rebel v. Big Tarkio Drainage District of Holt CityMissouri Court of Appeals · 1980
- Kelso v. C. B. K. Agronomics, Inc.Missouri Court of Appeals · 1974
- Hayes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
- Howard County v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
- Campbell v. AndersonMissouri Court of Appeals · 1993
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