Samuel Hardin Grain Co. v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Henry L. McCune, Judge. (1) The trial court committed error in permitting plaintiff Hardin to testify as to the value of the corn chops at Kansas City. (2) If plaintiffs were entitled to recover at all, the' measure of their damages was the difference between the value of the corn chops at Babcock, Georgia, at the time they were delivered there, and the value at the time they should have been delivered.
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Appeal from Jackson Circuit Court. — Hon. Henry L. McCune, Judge. (1) The trial court committed error in permitting plaintiff Hardin to testify as to the value of the corn chops at Kansas City. (2) If plaintiffs were entitled to recover at all, the' measure of their damages was the difference between the value of the corn chops at Babcock, Georgia, at the time they were delivered there, and the value at the time they should have been delivered. Faulkner v. Railroad, 51 Mr. 311; Klass v. Railroad, 80 Mo. App. 164. (3) The trial court committed error in permitting plaintiffs to read in evidence…
1Opinion of the CourtJohnson, J.
Plaintiffs, grain dealers doing business in Kansas City under the name of Samuel Hardin Grain Company, brought this action against defendant, a common carrier, to recover damages resulting from the alleged unreasonable delay in the transportation of a carload of corn chops from Kansas City to Babcock, Georgia. The shipment was received by defendant on March 27, 1903, and from the contents of the bill of lading issued therefor by defendant it is evident the contract made by the parties included the agreement of defendant to carry the shipment to its destination, a point beyond the line of…
2Cases cited14 opinions
- Rice v. Kansas Pacific RailwaySupreme Court of Missouri · 1876
- Ward v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1900
- Marshall & Michel Grain Co. v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1903
- Western Sash & Door Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1903
- Pier v. HeinrichshoffenSupreme Court of Missouri · 1877
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Insurance Placements, Inc. v. Utica Mutual Insurance Co.Missouri Court of Appeals · 1996
- Armour & Co. v. American Automobile InsuranceSupreme Court of Missouri · 1935
- United States Fidelity & Guaranty Co. v. W. P. Carmichael Co.Missouri Court of Appeals · 1916
- Henry H. Cross Co. v. Bell Oil & Gas Co.Supreme Court of Oklahoma · 1928
- Sills v. BurgeMissouri Court of Appeals · 1910
4 more not listed; retrieve them via the Exa API.