Coffman v. Saline Valley Railroad
Missouri Court of Appeals
Appeal from Cape Girardeau Circuit Court.—Hon. Charles B. Baris, Judge. (1) The court erred in assuming that plaintiffs were conclusively shown to he either the- real parties in interest or the trustees of an express trust, and also erred in excluding evidence to the contrary. Sec. 1729, E. S. Mo. 1909; Dickey v. Porter, 203 Mo. 1; Chrismann-Sawyer Banking Co. v. Independence Mfg.
Read the full summary
Appeal from Cape Girardeau Circuit Court.—Hon. Charles B. Baris, Judge. (1) The court erred in assuming that plaintiffs were conclusively shown to he either the- real parties in interest or the trustees of an express trust, and also erred in excluding evidence to the contrary. Sec. 1729, E. S. Mo. 1909; Dickey v. Porter, 203 Mo. 1; Chrismann-Sawyer Banking Co. v. Independence Mfg. Co., 168 Mo. 650; Steward v. Price, 64 L. R. A. 581; Sinker v. Floyd, 104 Ind. 291 (see note 64 L. E. A. 621); Bank v. Crump, 116 Mo. App. 376. (2) The court erred in permitting any recovery for damage to fences.…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued on account of a breach of contract. Plaintiffs recovered and defendant prosecutes the appeal.
The damages sued for were occasioned by means of the overflow of certain fields whereby crops were destroyed and certain top soil washed from a portion of the cultivated lands. Besides this, there is a question made with respect to a right to recover compensation for rebuilding a fence which it appears belonged to defendant, but-was washed over upon plaintiffs’ cultivated lands.
The lands overflowed are situated adjacent to Saline creek. Plaintiffs’ vendor and…
2Cases cited15 opinions
- Ellis v. HarrisonSupreme Court of Missouri · 1891
- Whitmore v. TatumSupreme Court of Arkansas · 1891
- Laclede Construction Co. V. T. J. Moss Tie Co.Supreme Court of Missouri · 1904
- Shinn v. United Railways Co.Supreme Court of Missouri · 1913
- Young v. HudsonSupreme Court of Missouri · 1889
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Brown v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1917
- Interior Linseed Co. v. Becker-Moore Paint Co.Supreme Court of Missouri · 1918
- Thompson v. Granite Bituminous Paving Co.Missouri Court of Appeals · 1918
- Morey v. FeltzMissouri Court of Appeals · 1915
- Norton v. ReedSupreme Court of Missouri · 1920
5 more not listed; retrieve them via the Exa API.