Edwards v. Missouri, Kansas & Eastern Railway Co.
Missouri Court of Appeals
Appeal from the Boone Circuit Court. — Ron. J. A.'Rodeadas Judge. (1) The plaintiff acquired the land from Jas. T. Mc-Baine with notice of the grant of right of way by the latter to the Central Missouri Railway Co., and therefore was not entitled to recover on the first and second counts. It is not required that he should have been informed of all the details, or have had positive information — “anything which will put a prudent man upon inquiry is notice.” Ins.
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Appeal from the Boone Circuit Court. — Ron. J. A.'Rodeadas Judge. (1) The plaintiff acquired the land from Jas. T. Mc-Baine with notice of the grant of right of way by the latter to the Central Missouri Railway Co., and therefore was not entitled to recover on the first and second counts. It is not required that he should have been informed of all the details, or have had positive information — “anything which will put a prudent man upon inquiry is notice.” Ins. Co. v. Smith, 117 Mo. 261-292, and cases there cited; Maupin v. Emmons, 47 Mo. 304. (2) The deed conveying the right of way was…
1Opinion of the CourtEllison, J.
This is an action for damages caused by the construction of defendant’s railway over plaintiff’s land. The petition was in five counts and 'the judgment was for plaintiff on all but the fourth, in the aggregate sum of $1,600.
The first count was for an entry and appropriation of a strip of land one hundred feet wide through plaintiff’s farm without a deed or other permission. The second was damages to the remainder of the farm by dividing in parts, etc. The third w¿s for such careless and unskillful construction as to cause plaintiff’s land to overflow. The fourth was for damages occasioned…
2Cases cited14 opinions
- Wormley v. WormleySupreme Court of the United States · 1823
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Frost v. BeekmanNew York Court of Chancery · 1814
- Jennings v. ToddSupreme Court of Missouri · 1893
- State Bank v. FrameSupreme Court of Missouri · 1892
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hatcher v. HallMissouri Court of Appeals · 1956
- Cox v. Wall.Supreme Court of North Carolina · 1903
- Blom-Collier Co. v. MartinMissouri Court of Appeals · 1903
- Cox v. Wall.Supreme Court of North Carolina · 1903
- McAdow v. WightMissouri Court of Appeals · 1908