Doty v. Quincy, Omaha & Kansas City Railroad
Missouri Court of Appeals
Appeal from Grundy Circuit Court.— Hon. George W. Wanamalcer, Judge. (1) Appellant contends that the court erred in admitting evidence of the market value of the apples, what they sold for, and what the Avindfalls or apples lying upon the ground were worth. Brooks v. BlackAvell, 76 Mo. 309; State ex rel. v. Martin, 77 Mo. 670; Haines v. Pearson, 100 Mo. App. 555; Cook v. Putnam Co., 70 M'o. 668; Arnold v. Maryville, 110 Mo. App. 254; Galm v. Railroad, 113 Mo.
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Appeal from Grundy Circuit Court.— Hon. George W. Wanamalcer, Judge. (1) Appellant contends that the court erred in admitting evidence of the market value of the apples, what they sold for, and what the Avindfalls or apples lying upon the ground were worth. Brooks v. BlackAvell, 76 Mo. 309; State ex rel. v. Martin, 77 Mo. 670; Haines v. Pearson, 100 Mo. App. 555; Cook v. Putnam Co., 70 M'o. 668; Arnold v. Maryville, 110 Mo. App. 254; Galm v. Railroad, 113 Mo. App. 591; Garvin v. Railway, 100 Mo. App. 617. (2) The court erred in giving plaintiff’s first instruction. The apple trees and the…
1Opinion of the CourtJohnson, J.
Plaintiff sued under section 1111, Eevised Statutes 1899, to recover damages for an injury to apple trees and the fruit thereon alleged to have been caused by a fire from one of defendant’s locomotives. The answer is a general denial. Verdict and judgment were for plaintiff in the sum of $450, and the cause is here on the appeal of defendant.
The injury occurred September 26, 1906. It appears quite conclusively that sparks from a passing engine on defendant’s railroad set fire to grass and stubble and that the fire spread to the adjoining premises of plaintiff and injured trees in his apple…
2Cases cited4 opinions
- Matthews v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1898
- White v. StonerMissouri Court of Appeals · 1885
- Gates v. Chicago & Alton RailroadMissouri Court of Appeals · 1891
- Roland v. BeshearsMissouri Court of Appeals · 1893
3Cited by16 opinions
- Adam v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1909
- Couch v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1913
- Missouri, Kansas & Texas Railway Co. v. MaloneCourt of Appeals of Texas · 1910
- Gilwee v. Pabst Brewing Co.Missouri Court of Appeals · 1917
- Barnes v. Arkansas-Missouri Power Co.Missouri Court of Appeals · 1926
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