Flynt v. Chicago, Burlington & Quincy Railway Co.
Missouri Court of Appeals
Appeal from the Linn Circuit Court. — How. G-. D. B [jiiG-Ess, Judge. (1) The court below erred in giving plaintiff’s instruction number 1, because said instruction, in authorizing the jury to assess plaintiff’s damages at whatever sum they believe from the evidence he' is entitled to, was misleading, and liable to cause the jury to draw on their own notions for reasons for mulcting a railroad corporation in heavy damages.
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Appeal from the Linn Circuit Court. — How. G-. D. B [jiiG-Ess, Judge. (1) The court below erred in giving plaintiff’s instruction number 1, because said instruction, in authorizing the jury to assess plaintiff’s damages at whatever sum they believe from the evidence he' is entitled to, was misleading, and liable to cause the jury to draw on their own notions for reasons for mulcting a railroad corporation in heavy damages. Weaver v. Hendrick, 80 Mo. 502. (2) Plaintiff ’ s first instruction practically refers'a question of law to the jury. This is erroneous. Coleman v. Roberts, 1 Mo. 97;…
1Opinion of the Court
Gill, J. —
This is an action for trespass alleged to have been committed by the defendant, in entering upon the land of plaintiff adjoining defendant’s railroad, and digging np and carrying away the grass and soil. On a trial had before the circuit court, a verdict and judgment was had for the plaintiff, and defendant appeals.
It is clear, from the record, that defendant was guilty of a technical trespass. In reconstructing a country crossing over defendant’s road, it appears that the hands thus engaged inadvertently got upon the plaintiff's land a few feet, and dug up the soil and scraped it…
2Cases cited3 opinions
- Soulard v. City of St. LouisSupreme Court of Missouri · 1865
- Hickerson v. City of MexicoSupreme Court of Missouri · 1874
- Mueller v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1860
3Cited by8 opinions
- Red-E-Gas Company v. MeadowsMissouri Court of Appeals · 1962
- Jacquin v. Grand Avenue Cable Co.Missouri Court of Appeals · 1894
- Rhodes v. Holladay-Klotz Land & Lumber Co.Missouri Court of Appeals · 1904
- Kick v. DoersteMissouri Court of Appeals · 1891
- Rothenhoefer v. City of St. LouisSupreme Court of Missouri · 1966
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