Cooley v. Kansas City, Pittsburg & Gulf Railroad
Supreme Court of Missouri
Transferred from Kansas City Oouri of Appeals. (1) Emit trees are not articles of merchandise, and the only proper way to arrive at their value is to compare the value of the land after their destruction with its value before. That being true, the court erred in receiving the conjectural testimony offered by plaintiff as to the value of the trees. Shannon v. Railroad, 54 Mo.
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Transferred from Kansas City Oouri of Appeals. (1) Emit trees are not articles of merchandise, and the only proper way to arrive at their value is to compare the value of the land after their destruction with its value before. That being true, the court erred in receiving the conjectural testimony offered by plaintiff as to the value of the trees. Shannon v. Railroad, 54 Mo. App. 223; Dwight v. Railroad, 132 N. Y. 199; Rowe v. Railroad, 102 la. 286; Railroad v. Haynes, 1 Earn App. 586; Railroad v. Hoover, 3 Ean. App. 577; Ward v. Railway, 61 Minn. 449; Lowery v. Rowland, 104 Ala. 420; Edsall…
1Opinion of the CourtGantt, P. J.
This case has been certified to this court by the Kansas City Court of Appeals because of an alleged conflict in the opinion of the Kansas City Court of Appeals with the opinion of the St. Louis Court of Appeals in Shannon v. Railroad, 54 Mo. App. 223. In the latter case the landowner sued the railroad company for damages for the destruction by fire of fruit trees and a hedge belonging to the plaintiff, an adjoining proprietor, and it was ruled that the measure of damages^as the difference in the value of the land of plaintiff before and after the fire.
In the case at bar, however, the suit is…
2Cases cited13 opinions
- Tate v. M., K. & T. Railway Co.Supreme Court of Missouri · 1876
- Shannon v. Hannibal & St. Joseph Railway Co.Missouri Court of Appeals · 1893
- White v. StonerMissouri Court of Appeals · 1885
- St. Louis Bridge & Construction Co. v. Memphis, Carthage & Northwestern RailroadSupreme Court of Missouri · 1880
- Bergesch v. KeevilSupreme Court of Missouri · 1853
8 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- State ex rel. Title Guaranty & Trust Co. v. BroaddusSupreme Court of Missouri · 1908
- Tamko Asphalt Products, Inc. v. FenixMissouri Court of Appeals · 1959
- Buchanan v. Louisiana Purchase Exposition Co.Supreme Court of Missouri · 1912
- Moore v. Hope Natural Gas Co.West Virginia Supreme Court · 1915
- Stagner v. StaplesMissouri Court of Appeals · 1968
23 more not listed; retrieve them via the Exa API.