Ozark Orchard Co. v. Kansas City Southern Railway Co.
Missouri Court of Appeals
Appeal from McDonald County Circuit Court.—Hon. Carr McNatt, Judge. (1) The court erred in refusing to allow plaintiffs to prove the cost of replacing the apple trees that were destroyed. Diggs v. Railroad, 131 Mo. App. 461; White v. Stoner, 18 Mo. App. 540; Muldrow v. Railroad, 62 Mo. App. 434; Doty v. Railroad, 136 Mo. App. 259; Shannon v. Railroad, 54 Mo. App. 226; Dwight v. Railroad, 132 N. Y. 199, 15 L. R. A. 612, 28 Am.
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Appeal from McDonald County Circuit Court.—Hon. Carr McNatt, Judge. (1) The court erred in refusing to allow plaintiffs to prove the cost of replacing the apple trees that were destroyed. Diggs v. Railroad, 131 Mo. App. 461; White v. Stoner, 18 Mo. App. 540; Muldrow v. Railroad, 62 Mo. App. 434; Doty v. Railroad, 136 Mo. App. 259; Shannon v. Railroad, 54 Mo. App. 226; Dwight v. Railroad, 132 N. Y. 199, 15 L. R. A. 612, 28 Am. St. 563; Sedgwick on Damages (New Ed.), sec. 933;.Elliott on Railroads, sec. 1239; Bradley v. Railroad, 111 Iowa, 562, 82 N. W. 996; Thompson v. Railroad, 23 L. R. A.…
1Opinion of the CourtRobertson, P. J.
—This is an action based on section 3151 Revised Statute 1909, to recover damages to the land, consisting of about fifteen acres, known as the Wenzel tract, belonging to the plaintiffs, by reason of an alleged destruction of forty eight-year old and two hundred and sixty-two fourteen-year old fruit trees thereon by fire set out by defendant’s locomotive.
*454The jury returned a verdict in favor of the plaintiffs for $225 on which judgment was rendered, and the plaintiffs have appealed, assigning as error the sustaining of objections to alleged proper testimony offered by them and the admitting of…
Also in this document: Concurrence.
2Cases cited6 opinions
- Matthews v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1898
- Conner v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1904
- Sires v. ClarkMissouri Court of Appeals · 1908
- Muldrow v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1895
- Diggs v. Wabash RailroadMissouri Court of Appeals · 1908
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3Cited by4 opinions
- Butcher v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1931
- Bickel v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1914
- Brereton v. DixonUtah Supreme Court · 1967
- Brereton v. DixonUtah Supreme Court · 1967