Campbell & Davis v. Moll
Missouri Court of Appeals
Appeal from New Madrid County Circuit Court. — Hon. Sterling H. McCarty, Judge. (1) When the court gave instruction No. 2, for the defendant, he correctly declared the law on the burning of the second stack of straw; but when he refused the plaintiffs instruction I or “A,” he left the jury to guess and grope in the dark as to the other two stacks, in fact entirely misinstructed; refusing a proper instruction asked by the plaintiff. Pepper v. Railroad, 98 Mo.
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Appeal from New Madrid County Circuit Court. — Hon. Sterling H. McCarty, Judge. (1) When the court gave instruction No. 2, for the defendant, he correctly declared the law on the burning of the second stack of straw; but when he refused the plaintiffs instruction I or “A,” he left the jury to guess and grope in the dark as to the other two stacks, in fact entirely misinstructed; refusing a proper instruction asked by the plaintiff. Pepper v. Railroad, 98 Mo. App. 291; Knapp v. Kelly, 153 Mo. App. 196; Blackwell v. Bailey, 1 Mo. App. 328; Meffert v. Dyer, 107 Mo. App. 462. “Q. How is property…
1Opinion of the CourtBradley, J.
Plaintiffs, a copartnership, sued in a justice of the peace court to recover for three stacks of straw alleged to have been burned by defendant. The cause was appealed from the justice court to the circuit court, and there tried to a jury, resulting in a verdict and judgment for defendant, and plaintiffs appealed.
One G-us Smith in partnership with another cultivated the land on which the straw was grown, but it would appear that Smith dealt with the straw in question. Smith did not own the land, and did not live thereon, but had it rented and a tenant thereon, and had also crops other than…
2Cases cited4 opinions
- Florala Sawmill Co. v. ParrishSupreme Court of Alabama · 1908
- Meffert v. DyerMissouri Court of Appeals · 1904
- Union Savings Ass'n v. DieboldMissouri Court of Appeals · 1876
- Van Valkenburgh v. PeytonIllinois Supreme Court · 1845