Harry S. Truman, Final Exam in Damages, Kansas City School of Law

Final Examination in Damages KANSAS CITY SCHOOL OF LAW February 14, 1925 Hon. John G. Park Mr. A. P. Leacy Mr. Homer A. Cope (1) Where a Railroad Company constructs and maintains an embankment thereby obstructing the flow of surface water, and fails to construct, keep open and maintain suitable ditches and drains in violation of statute, and by reason of said failure causes injury to the land and property of another, by the washing away of the top soil, and also washing away and destroying of one thousand feet of wire fence, one barn and one hundred bushels of corn. (A) What is the measure of damages for injury to the land, by reason of the washing away of the soil? (B) What is the measure of damages for injury to the fence and barn? (C) If the destruction of the fence and barn interfered with the beneficial enjoyment of the premises, what is the measure of damages? (2) A, the owner of a drug store and also a practicing physician located at Sedalia, Missouri, sold his drug store and practice to B and agreed with B, as a part of the consideration of the purchase price not to engage in business at said city or in Saline County for five years. It was also agreed between them that if A should engage in business or practice his profession within the five years period at above named place he should pay as liquidated damages the sum of $5000.00. A violated his agree- ment and B sues A. (A) What is the measure of damages, should this be con- strued to be liquidated damages? (B) What is the measure of damages, should this be con- strued to be a penalty? (3) A, the owner of certain lands in Jackson County, Missouri, leased same to B, who immediately went into exclusive posses- sion of same. Thereafter C, without the knowledge or consent of either A, or B, caused to be dumped and laid upon said land a large amount of earth. A, the owner and landlord out of possession, seeks to recover against C, for injury to the reversion. What is the measure of damages? (4) In an action for damages to an automobile the court at the request of plaintiff gave the following instruction: "The court instructs the jury that if you find for plaintiff you should assess his damages at the difference between the reasonable value of the automobile before and such value after the collision, with interest at the rate of 6 percent per annum from the 10th day of November, 1917. Is this instruction cor- rect? Reasons.