Thurmond v. Ash Grove White Lime Ass'n
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Hon. Jas. T. Ne-ville,, Judge. In directing tlie jury to find no more than nominal damages, in any event, the court erred. For it was the jury’s business to fix the amount of the damage, and not the court’s. Berlin v. Thompson, 61 Mo. App. 243; Spencer v. Railway, 120 Mo. 159. It was error to instruct against a recovery for the injuries to the house and cistern.
Read the full summary
Appeal from Greene Circuit Court. — Hon. Jas. T. Ne-ville,, Judge. In directing tlie jury to find no more than nominal damages, in any event, the court erred. For it was the jury’s business to fix the amount of the damage, and not the court’s. Berlin v. Thompson, 61 Mo. App. 243; Spencer v. Railway, 120 Mo. 159. It was error to instruct against a recovery for the injuries to the house and cistern. Quarry Co. v. Hay, 2 N. Y. 1Í32; Quarry Company v. Tremain, 2 N. Y. 163; St. Peter v. Denison, 58 N. Y. 421; Morgan v. Bowen, 62 Hun 623, 17 N. Y. Supp. 23. . Again, it “has been held that working…
1Opinion of the CourtGoode, J.
This appeal was taken from a judgment given for defendant in an action to recover for injuries to plaintiff’s farm, and the house, cistern and fencing thereon, alleged to have been caused by blasting in defendant’s quarry. The petition avers that on a day not stated in 1905, “defendant, by its agents and servants placed in the rock in its aforesaid quarries, quantities of explosives and discharged the same, and wrongfully and recklessly and negligently by shaking the earth thereby and by the shocks and concussions by said explosions and discharges produced, defendant shook and cracked the…
2Cases cited13 opinions
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Fitz Simons & Connell Co. v. Braun & FittsIllinois Supreme Court · 1902
- Sullivan v. . DunhamNew York Court of Appeals · 1900
- Colton v. OnderdonkCalifornia Supreme Court · 1886
- Scott v. BayCourt of Appeals of Maryland · 1853
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Blackford v. Heman Construction Co.Missouri Court of Appeals · 1908
- Johnson v. Kansas City Terminal Railway Co.Missouri Court of Appeals · 1914
- French v. Center Creek Powder Manufacturing Co.Missouri Court of Appeals · 1913
- Ritchie v. State Board of AgricultureMissouri Court of Appeals · 1924
- Thompson v. Granite Bituminous Paving Co.Missouri Court of Appeals · 1918
2 more not listed; retrieve them via the Exa API.