Ellis v. St. Louis, Iron Mountain & Southern Railroad
Missouri Court of Appeals
Appeal from Jasper Circuit Court.— Hon. Hugh Dabbs, Judge. (1) The court erred in refusing the defendant's demurrer, asked at the close of plaintiff's evidence and again at the close of the whole case. Stephenson v. Railway, 68 Mo. App. 642; Gardner v. St. Joseph, 96 Mo. App. 661; Bailey v. Culver, 84 Mo. 531; Rude v. St. Louis,-93 Mo. 408; Fairchild v. St. Louis, 97 Mo. 85; Canman v. St. Louis, 97 Mo. 92; Realty Co. v. Deere & Co., — Mo. —, 106 S. W. 496, and cases cited.
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Appeal from Jasper Circuit Court.— Hon. Hugh Dabbs, Judge. (1) The court erred in refusing the defendant's demurrer, asked at the close of plaintiff's evidence and again at the close of the whole case. Stephenson v. Railway, 68 Mo. App. 642; Gardner v. St. Joseph, 96 Mo. App. 661; Bailey v. Culver, 84 Mo. 531; Rude v. St. Louis,-93 Mo. 408; Fairchild v. St. Louis, 97 Mo. 85; Canman v. St. Louis, 97 Mo. 92; Realty Co. v. Deere & Co., — Mo. —, 106 S. W. 496, and cases cited. (2) The court erred in refusing the plaintiff's motion to compel plaintiff to elect upon which of the inconsistent causes…
1Opinion of the CourtEllison, J.
Plaintiff’s action was brought to recover damages for obstruction of a public alley upon which their property abutted. They recovered judgment in the trial court.
It appears that the lot owned by plaintiffs is in the city of Carthage and is located on a corner at the intersection of two streets and that there is an alley in the rear. At a point about one hundred feet north of the lot, defendant’s grantor constructed a railway embankment and tracks across the alley, which has since been maintained by defendant. That theretofore the city had raised the grade of the street on the side of their…
2Cases cited8 opinions
- Rude v. City of St. LouisSupreme Court of Missouri · 1887
- St. Louis, Memphis & Southeastern Railroad v. AubuchonSupreme Court of Missouri · 1906
- Hartpence v. RogersSupreme Court of Missouri · 1898
- Fairchild v. City of St. LouisSupreme Court of Missouri · 1888
- Canman v. City of St. LouisSupreme Court of Missouri · 1888
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3Cited by3 opinions
- Zipp v. Gasen's Drug Stores, Inc.Supreme Court of Missouri · 1970
- City of St. Louis v. WorthingtonSupreme Court of Missouri · 1932
- Zipp v. Gasen's Drug Stores, Inc.Supreme Court of Missouri · 1970