Eckles v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hois. Horatio D. Wood, Judge. The court erred in sustaining plaintiffs’ motion for a new trial on account of the refusal of the instructions asked by them. Nines v. B’y, 107 Mo. 457; Dimmiti v. B’y, 103 Id. 433; Bennett v. B’y, 46 Mo.
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Appeal from the St. Louis City Circuit Court. — Hois. Horatio D. Wood, Judge. The court erred in sustaining plaintiffs’ motion for a new trial on account of the refusal of the instructions asked by them. Nines v. B’y, 107 Mo. 457; Dimmiti v. B’y, 103 Id. 433; Bennett v. B’y, 46 Mo. App. 668; Patterson v. B’y, 56 Id. 660; Minter Bros. v. B’y, 56 Mo. 287; Harris v. Howe, 12 S. W. Rep. 225; Milling Co. v. By, 41 Id. 810. The contract sued on was a through contract for the transportation of the goods in question from South Omaha to Los Angeles, and the clause contained therein limiting the…
1Opinion of the CourtBland, P. J.
The substantive averments of the petition, as amended, are: That defendant owned and operated a railroad running from South Omaha, Nebraska, to Pueblo, Colorado, where it connected with other railroad lines running from said point to the city of Los Angeles, California. That defendant was a common carrier of goods from South Omaha to Pueblo, and by itself and over roads connecting with it at Pueblo on to Los Angeles. That on the fourteenth day of November, 1890, plaintiffs purchased of Swift & Company at South Omaha, one thousand, seven hundred and fifty-six pieces of meat, known to the trade…
2Cases cited8 opinions
- Pratt v. Railway Co.Supreme Court of the United States · 1877
- McCann v. EddySupreme Court of Missouri · 1896
- Davis v. Jacksonville Southeastern LineSupreme Court of Missouri · 1895
- Dimmitt v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1890
- Coates v. United States Express Co.Supreme Court of Missouri · 1870
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3Cited by5 opinions
- Keithley v. LuskMissouri Court of Appeals · 1915
- Jones v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1901
- Cohen v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1907
- Eckles v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1905
- Walker v. St. Louis & San Franciso RailroadMissouri Court of Appeals · 1912