Desteiger v. Hannibal & St. Joseph R.R. Co.

CourtUnited States State Supreme Court of Missouri
Writing for the CourtHOUGH
Citation73 Mo. 33
Decision Date31 October 1880
PartiesDESTEIGER v. THE HANNIBAL & ST. JOSEPH RAILROAD COMPANY, Appellant.

73 Mo. 33

DESTEIGER
v.
THE HANNIBAL & ST. JOSEPH RAILROAD COMPANY, Appellant.

Supreme Court of Missouri.

October Term, 1880.


Appeal from Clinton Circuit Court.--HON. GEO. W. DUNN, Judge.

REVERSED.

Geo. W. Easley for appellant.

S. H. Corn for respondent.


HOUGH, J.

This was an action to recover damages for the destruction of a large quantity of hay by fire, which, it was alleged, escaped from one of the defendant's locomotives, through the negligence of the servants of the defendant in charge thereof. Among other instructions given by the court, was the following: “If the jury find for the plaintiff, they will assess his damage at the value of the hay at the time it was destroyed, with interest thereon at six per cent from that time to the present.” Interest is not allowable in cases of this character. Kenney v. Hannibal & St. Joseph R. R. Co., 63 Mo. 99; Marshall v. Shricker, 63 Mo. 309; Atkinson v. Atlantic & Pacific R. R. Co., 63 Mo. 367; Meyer v. A. & P. R. R. Co., 64 Mo. 543. The judgment will, therefore, be reversed and the cause remanded.

The other judges concur.

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11 practice notes
  • Lober v. Kansas City, No. 34710.
    • United States
    • United States State Supreme Court of Missouri
    • December 14, 1936
    ...unliquidated damages before judgment. Atkinson v. Railroad Co., 73 Mo. 367; Meyer v. Railroad Co., 64 Mo. 542; DeSteiger v. Railroad Co., 73 Mo. 33; Slack v. Railroad Co., 187 S.W. 275; Oliver v. Railroad Co., 190 S.W. 361; Jordan v. Railroad Co., 206 Mo. App. 56; Hartford Ins. Co. v. Payne......
  • Snell v. Harrison
    • United States
    • United States State Supreme Court of Missouri
    • October 31, 1884
    ...one of whom (Brunetta Harrison) was a married woman. St. Louis v. Bernoudy, 43 Mo. 552; Wernecke v. Wood, 58 Mo. 352; Corrigan v. Bell, 73 Mo. 33; St. Jo. F. and M. Ins. Co. v. Hauck, 71 Mo. 465. Comingo & Slover with G. N. Elliot for respondents. (1) The chancellor is in no manner conclude......
  • Ford v. Wabash Rv. Co, No. 26261.
    • United States
    • United States State Supreme Court of Missouri
    • July 13, 1927
    ...Revised Statutes, 1909." Section 4222, R. S. 1919. It was held interest was not recoverable. In De Steiger v. Hannibal & St. J. R. Co., 73 Mo. 33, it was held that interest Is not recoverable in an action to recover damages for hay burned by a fire which escaped from defendant's In Gerst v.......
  • New York Co v. Estill, No. 127
    • United States
    • United States Supreme Court
    • March 6, 1893
    ...less the freight, if unpaid. No allusion was made in either case to the cases in 63 Mo. or to section 2126. In De Steiger v. Railroad Co., 73 Mo. 33, in 1880, while Judge Norton was still a member of the court, it was held, in a suit for the destruction of hay by fire escaping from the defe......
  • Request a trial to view additional results
11 cases
  • Lober v. Kansas City, No. 34710.
    • United States
    • United States State Supreme Court of Missouri
    • December 14, 1936
    ...unliquidated damages before judgment. Atkinson v. Railroad Co., 73 Mo. 367; Meyer v. Railroad Co., 64 Mo. 542; DeSteiger v. Railroad Co., 73 Mo. 33; Slack v. Railroad Co., 187 S.W. 275; Oliver v. Railroad Co., 190 S.W. 361; Jordan v. Railroad Co., 206 Mo. App. 56; Hartford Ins. Co. v. Payne......
  • Snell v. Harrison
    • United States
    • United States State Supreme Court of Missouri
    • October 31, 1884
    ...one of whom (Brunetta Harrison) was a married woman. St. Louis v. Bernoudy, 43 Mo. 552; Wernecke v. Wood, 58 Mo. 352; Corrigan v. Bell, 73 Mo. 33; St. Jo. F. and M. Ins. Co. v. Hauck, 71 Mo. 465. Comingo & Slover with G. N. Elliot for respondents. (1) The chancellor is in no manner conclude......
  • Ford v. Wabash Rv. Co, No. 26261.
    • United States
    • United States State Supreme Court of Missouri
    • July 13, 1927
    ...Revised Statutes, 1909." Section 4222, R. S. 1919. It was held interest was not recoverable. In De Steiger v. Hannibal & St. J. R. Co., 73 Mo. 33, it was held that interest Is not recoverable in an action to recover damages for hay burned by a fire which escaped from defendant's In Gerst v.......
  • New York Co v. Estill, No. 127
    • United States
    • United States Supreme Court
    • March 6, 1893
    ...less the freight, if unpaid. No allusion was made in either case to the cases in 63 Mo. or to section 2126. In De Steiger v. Railroad Co., 73 Mo. 33, in 1880, while Judge Norton was still a member of the court, it was held, in a suit for the destruction of hay by fire escaping from the defe......
  • Request a trial to view additional results

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