Foster v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Barton Circuit Court. — Son. B. G. Thurman, Judge. (1) In a case involving a long account on either side, such cases should be referred. R. S. 1899, sec. 698; Smith v. Healy, 41 Mo. 611; Goetz v. Piel, 26 Mo. App. 634; McCormick v. St. Louis, 166 Mo. 315; Drug Co. v. Graddy, 57 Mo. App. 41; Ittner v. Ass’n, 97 Mo. 561; Roscoe v. Kinnealy, 8 Mo.
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Appeal from Barton Circuit Court. — Son. B. G. Thurman, Judge. (1) In a case involving a long account on either side, such cases should be referred. R. S. 1899, sec. 698; Smith v. Healy, 41 Mo. 611; Goetz v. Piel, 26 Mo. App. 634; McCormick v. St. Louis, 166 Mo. 315; Drug Co. v. Graddy, 57 Mo. App. 41; Ittner v. Ass’n, 97 Mo. 561; Roscoe v. Kinnealy, 8 Mo. App. 76. (2) Where property is insured and is destroyed through the negligence of another and the insurance paid exceeds the value of the property destroyed, the right of action against the party who causes the loss is in the insurer and…
1Opinion of the CourtCox, J.
This case originated in the circuit court of Bates county and went to Barton county on change of venue. The petition charges that plaintiff was the owner of a two-story frame building, fixtures, cigars, etc., located near the track of defendant in the city of Butler, and that on the night of May 26, 1907, fire was communicated to the building by a locomotive engine used by defendant upon its said railroad, and that the building and property therein were destroyed, and asks judgment for $7133.20. Trial was had by jury, verdict, for plaintiff for $4575, and defendant has appealed.
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2Cases cited9 opinions
- Matthews v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1898
- Mathews v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
- Untermyer v. . BeinhauerNew York Court of Appeals · 1887
- Dillon v. HuntSupreme Court of Missouri · 1891
- Big River Lead Co. v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Borserine v. Maryland Casualty Co.Court of Appeals for the Eighth Circuit · 1940
- Hayes v. JenkinsMissouri Court of Appeals · 1960
- First National Bank v. Produce Exchange BankSupreme Court of Missouri · 1935
- Kennedy v. Minarets & Western Railway Co.California Court of Appeal · 1928
- Pringle v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1948
6 more not listed; retrieve them via the Exa API.