Wright v. Chicago, Burlington & Quincy Railroad
Missouri Court of Appeals
Appeal from Clinton Circuit Court. — Hon. Alonso D. Burnes, Judge. (1) If there is a market for the cattle on their arrival the shipper must sell on that market if he expects to hold the carrier liable for delay. He cannot hold them over to later market and speculate on the fluctuation of the market. The measure of damages is the difference in price between the time they should have arrivd and the time they actually did arrive.
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Appeal from Clinton Circuit Court. — Hon. Alonso D. Burnes, Judge. (1) If there is a market for the cattle on their arrival the shipper must sell on that market if he expects to hold the carrier liable for delay. He cannot hold them over to later market and speculate on the fluctuation of the market. The measure of damages is the difference in price between the time they should have arrivd and the time they actually did arrive. The owner can not speculate and hold the carrier responsible for the failure of his venture. Perry v. Railroad, 89 Mo. App. 49. (2) The written contract in this case…
1Opinion of the Court
ELLISON, J. —
This is an action for damages on account of alleged negligent delay in the transportation of cattle to the Chicago market. The trial court gave a peremptory instruction to allow the plaintiff only nominal damages. The plaintiff’s motion to grant him a new trial was sustained and from that order defendant has appealed.
It appears that plaintiff shipped over defendant’s road seven carloads of beef cattle from Trimble, Missouri, to Chicago, Illinois. That four of the cars were consigned to Strahorn-Hutton-Evans Commission Co., and the remaining three to the Lee Live Stock Commission…
2Cases cited11 opinions
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- Anchor Milling Co. v. WalshSupreme Court of Missouri · 1891
- Brown v. WoodSupreme Court of Missouri · 1854
- Robinson v. SmithSupreme Court of Missouri · 1892
- Anderson v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1902
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Kregain v. BlakeSupreme Court of Missouri · 1922
- St. Louis S. F. R. Co. v. ZickafooseSupreme Court of Oklahoma · 1913
- Darling v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1907
- Ecton v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1907
- Federal Union Surety Co. v. Indiana Lumber & Manufacturing Co.Indiana Supreme Court · 1911
16 more not listed; retrieve them via the Exa API.