Chicago, Santa Fe & California Railway Co. v. Vivian
Missouri Court of Appeals
Appeal from the Gar roll Oircicit Court. — Hon. J. M. Davis, Judge. (1) The appellate court will interfere when the damages assessed by the jury are flagrantly excessive, and show an entire want of fairness and impartiality. Railroad r. Campbell, 62 Mo. 585; Mac. Road Co. n. Dennis, 67 Mo. 438; City v. Railroad, 84 Mo. 410. (2) The court erred in giving instructions numbered one and three asked for by defendants, for the reason that they assume as true matters in issue. Ins.
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Appeal from the Gar roll Oircicit Court. — Hon. J. M. Davis, Judge. (1) The appellate court will interfere when the damages assessed by the jury are flagrantly excessive, and show an entire want of fairness and impartiality. Railroad r. Campbell, 62 Mo. 585; Mac. Road Co. n. Dennis, 67 Mo. 438; City v. Railroad, 84 Mo. 410. (2) The court erred in giving instructions numbered one and three asked for by defendants, for the reason that they assume as true matters in issue. Ins. Co. r. Seminary, 52 Mo. 480 ; Peck v. Ritchey, 66 Mo. 114; Mascheck r. Railroad, 3 Mo. App. 600. (3) The court erred in…
1Opinion of the CourtSmith, P. J.
This is a statutory proceeding by the railway company to acquire, by condemnation proceedings, a right of way over and through certain lands of the defendants in Carroll county. The petition was filed on the eighteenth day of May, 1887, and is in the ordinary form. Notice was duly served on the defendants on the twentieth day of May, and on the first day of June, 1887, commissioners were appointed to assess their damages. The commissioners’ report was filed in the office of the circuit clerk of Carroll county, on the fourth day of June, 1887, a majority of the commissioners fixing their…
2Cases cited16 opinions
- Thorpe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
- Noble v. BlountSupreme Court of Missouri · 1883
- Holmes v. BraidwoodSupreme Court of Missouri · 1884
- McCormick v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1874
- Peck v. RitcheySupreme Court of Missouri · 1877
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3Cited by5 opinions
- Wetzell & Griffith v. WagonerMissouri Court of Appeals · 1890
- Sawyers v. DrakeMissouri Court of Appeals · 1889
- Blom-Collier Co. v. MartinMissouri Court of Appeals · 1903
- Missouri Pacific Railway Co. v. SchoennenMissouri Court of Appeals · 1889
- Wallich v. MorganMissouri Court of Appeals · 1890