Bybee v. Irons
Missouri Court of Appeals
Cross-Appeals from the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) The court erred in giving instruction number one, at request of plaintiff. Plaintiff did not allege any damage, nor claim any, for the mere trespass to his land. Wright v. Jacobs, 61 Mo. 19; White v. Rush, 58 Mo. 105 ; Armstrong v. City, 3 Mo. App. 100. (2) The court erred in overruling defendants’ motion for a new trial because of the error in giving said instruction.
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Cross-Appeals from the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) The court erred in giving instruction number one, at request of plaintiff. Plaintiff did not allege any damage, nor claim any, for the mere trespass to his land. Wright v. Jacobs, 61 Mo. 19; White v. Rush, 58 Mo. 105 ; Armstrong v. City, 3 Mo. App. 100. (2) The court erred in overruling defendants’ motion for a new trial because of the error in giving said instruction. (3) Conceding that the court did not err as above, then the court did not err in sustaining defendants’ motion to re-tax costs, which was, correctly…
1Opinion of the CourtGill, J.
Plaintiff Bybee brought an action in the Vernon circuit court against defendants Irons, claiming damages by reason, of an alleged trespass on plaintiff ’ s enclosure in Vernon county,. Missouri. The particular matter of complaint was that the defendants drove some hogs afflicted with “hog cholera” through plaintiff’s premises, whereby plaintiff’s hogs acquired the *661same disease and many died, to plaintiff’s damage in the sum of three hundred and eleven dollars, for which he asked judgment.
The answer admitted some unimportant, but denied the material, allegations of the petition. The cause was…
2Cases cited3 opinions
- Holmes v. BraidwoodSupreme Court of Missouri · 1884
- Vineyard v. LynchSupreme Court of Missouri · 1885
- Acks v. BallSupreme Court of Missouri · 1851