Leonard v. Chicago & Alton Railroad
Missouri Court of Appeals
Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) The court erred in permitting the written contract to be read in evidence under the plaintiff’s amended petition. The contract as charged in the petition was a contract to deliver in a reasonable time, and it was necessary, in order to show a breach of said contract, for the proof to show a delay beyond the usual time for making shipments- of cattle from Mt.
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Appeal from the Saline Circuit Court. — Hon. Richard Field, Judge. (1) The court erred in permitting the written contract to be read in evidence under the plaintiff’s amended petition. The contract as charged in the petition was a contract to deliver in a reasonable time, and it was necessary, in order to show a breach of said contract, for the proof to show a delay beyond the usual time for making shipments- of cattle from Mt. Leonard to Chicago and to show in addition thereto that such delay was caused unnecessarily and by defendant’s negligence. See Hutchinson on Carriers, secs. 328, 329,…
1Opinion of the CourtEllison, J.
— This action is for damages, as is alleged, by the defendant’s negligent delay of plaintiff’s cattle while in transit from Mt. Leonard, Saline county, Missouri, to Chicago, Illinois; whereby plaintiff was compelled to sell on a lower market than he would have sold on had there been no negligent delay by defendant. Judgment was for plaintiff.
The case was before us about a year ago and is reported in 54 Mo. App. 293, where will be found a full statement of the facts which gave rise to the litigation.
On the return of the case to the trial court plaintiff amended his petition in order that it…
2Cases cited2 opinions
- Foster v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Leonard v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1893
3Cited by3 opinions
- Letts v. Wabash RailroadMissouri Court of Appeals · 1908
- Benham v. TaylorMissouri Court of Appeals · 1896
- Blanchard v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1895