Diggs v. Wabash Railroad
Missouri Court of Appeals
Appeal from Montgomery Circuit Court. — Hon. Jas. D. Barnett, Judge. (1) The court erred in overruling defendant’s motion to make plaintiff’s petition more specific. R. S. 1899, sec. 592; Story v. Insurance Co., 61 Mo. App. ■538. (2) The court erred in overruling defendant’s demurrer to plaintiff’s petition. (3) The court erred in overruling defendant’s demurrer in the nature of an instruction offered at the close of plaintiff’s evidence.
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Appeal from Montgomery Circuit Court. — Hon. Jas. D. Barnett, Judge. (1) The court erred in overruling defendant’s motion to make plaintiff’s petition more specific. R. S. 1899, sec. 592; Story v. Insurance Co., 61 Mo. App. ■538. (2) The court erred in overruling defendant’s demurrer to plaintiff’s petition. (3) The court erred in overruling defendant’s demurrer in the nature of an instruction offered at the close of plaintiff’s evidence. Peck v. Railway, 31 M'o. 123; Peffer v. Railway, 98 Mo. 291; Fund v. Railway, 123 Mo. 169. (4) The court erred in excluding the evidence of defendant’s…
1Opinion of the CourtGoode, J.
This is an action to recover damages for the destruction of eighteen maple trees growing on plaintiff’s premises. He was allowed to go to the jury for the value of only thirteen trees. These trees had been transplanted eight years before from their native forest where they grew wild. On January 4, 1905, they were burnt, it is alleged, by fire communicated to them from one of the defendant’s locomotives. The petition proceeds on the theory of negligence, and alleges defendant so carelessly ran and managed its locomotives that sparks and fire were negligently permitted to escape from the…
2Cases cited3 opinions
- Shannon v. Hannibal & St. Joseph Railway Co.Missouri Court of Appeals · 1893
- Gates v. Chicago & Alton RailroadMissouri Court of Appeals · 1891
- Muldrow v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1895
3Cited by4 opinions
- Teachout v. CloughMissouri Court of Appeals · 1910
- Butcher v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1931
- Harper v. MorrisCourt of Appeals of North Carolina · 1988
- Ozark Orchard Co. v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1913