Walker v. St. Louis & San Franciso Railroad
Missouri Court of Appeals
Appeal from New Madrid Circuit Court. — lion. Henry C. Riley, Judge. (1) By the allegations of the petition plaintiff seeks to recover for the joint negligence and carelessness of defendants. No contract having been shown this action can not be maintained. Otrich v. Railroad, 134 S. W. 665; Meyers v. Railroad, 120 Mo. App. 292; Shewaltér v. Railroad, 84 Mo. App. 597; Milling Co. v. Railroad, 127 Mo. App. 89; McLendon v. Railroad, 119 Mo.
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Appeal from New Madrid Circuit Court. — lion. Henry C. Riley, Judge. (1) By the allegations of the petition plaintiff seeks to recover for the joint negligence and carelessness of defendants. No contract having been shown this action can not be maintained. Otrich v. Railroad, 134 S. W. 665; Meyers v. Railroad, 120 Mo. App. 292; Shewaltér v. Railroad, 84 Mo. App. 597; Milling Co. v. Railroad, 127 Mo. App. 89; McLendon v. Railroad, 119 Mo. App. 128. (2) Section 5446, R. S, 1909, is not applicable to the facts of this case as plaintiff’s contract, whatever it may have been, was made in the state…
1Opinion of the CourtCaulfield, J.
(after stating the facts).— Whatever may have been the theory on which this case was' brought, we are convinced that under the evidence the joint verdict and judgment against the defendants cannot stand. Plaintiff’s counsel suggests that the action “is for concurrent and several negligence of both appellants” and says that “respondent has proven that the goods were in a damaged condition when delivered to the connecting carrier, and that they were still further damaged while in the possession of the connecting carrier.” But such proof does not show concurrent negligent acts or omissions, if…
2Cases cited4 opinions
- Blackmer & Post Pipe Co. v. Mobile & Ohio RailroadMissouri Court of Appeals · 1909
- Berry Coal & Coke Co. v. Chicago, Peoria & St. Louis Railway Co.Missouri Court of Appeals · 1906
- Eckles v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1897
- Crockett v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1910