Deal v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Hon. J. O. Sheppard, Judge. (1) The measure of damages in this case is the cost, of reseeding the land plus the rental value thereof from the time of the destruction of the crop to the time it was replanted. Adam v. Railroad, 122 S. W. 1136; Standley v. Railroad, 121 Mo. App. 537; Jones v. Lake Club, 122 Mo. App. 113; Mattis v. Railroad, 138 Mo.
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Appeal from Butler Circuit Court. — Hon. J. O. Sheppard, Judge. (1) The measure of damages in this case is the cost, of reseeding the land plus the rental value thereof from the time of the destruction of the crop to the time it was replanted. Adam v. Railroad, 122 S. W. 1136; Standley v. Railroad, 121 Mo. App. 537; Jones v. Lake Club, 122 Mo. App. 113; Mattis v. Railroad, 138 Mo. App. 61. (2) Instruction No. 1 asked by respondents and given by the court to the effect that appellant was required to keep' and maintain a fence along the sides of its right-of-way, constructed of certain…
1Opinion of the CourtCox, J.
The instruction complained of is as follows:
“The court instructs the jury that if you believe and find from the evidence that the plaintiffs planted two crops of corn on the land described in the petition and that the first crop was destroyed by the *688hogs, and that afterwards they planted a second crop on the same land, which crop was matured, then, if you find for the plaintiff, you will assess his damages at such sum as you believe from the evidence the first crop destroyed was worth, standing and growing in the field at the time it was destroyed, together with the reasonable cost of…
2Cases cited2 opinions
- Hunt v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1907
- Anderson v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1908
3Cited by4 opinions
- State Ex Rel. State Highway Commission v. DockerySupreme Court of Missouri · 1957
- Pace v. St. Louis Southwestern Railway Co.Missouri Court of Appeals · 1913
- Boggs v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1935
- Kelley v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1914