Holland v. Chicago Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. James H. Slover, Judge. (1) The court erred in refusing to give the instruction in the nature of a demurrer to the evidence at the close of all the evidence. First. Because the notice of damage was not given. Letts v. Wabash, 111 S. W. (Mo. App.) 138; Smith v. Railway, 112 Mo. App. 610; Shelton v. Railway, 110 S. W. (Mo. App.) 627; Freeman v. Railroad, 118 Mo. App. 526; Meriwether v. Railroad, 128 Mo. App. 665. Second.
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Appeal from the Jackson Circuit Court. — Hon. James H. Slover, Judge. (1) The court erred in refusing to give the instruction in the nature of a demurrer to the evidence at the close of all the evidence. First. Because the notice of damage was not given. Letts v. Wabash, 111 S. W. (Mo. App.) 138; Smith v. Railway, 112 Mo. App. 610; Shelton v. Railway, 110 S. W. (Mo. App.) 627; Freeman v. Railroad, 118 Mo. App. 526; Meriwether v. Railroad, 128 Mo. App. 665. Second. No negligence was proven. Fountain v. Wabash, 114 Mo. App'. 676; Meriwether v. Railroad, 128 Mo. App. 663; Helm v. Railway, 98 Mo.…
1Opinion of the Court
JOHNSON, J. —
Action by a shipper of live stock against a common carrier to recover damages for delays resulting from the negligence of the carrier in receiving, unloading and transporting a shipment of 1121 *706head of cattle. Verdict and judgment were for plaintiff and the cause is here on the appeal of defendant. The cattle were shipped on May 2, 1907, from Texhoma, Oklahoma, to Hutchinson, Kansas, there to he delivered to the Atchison, Topeka and Santa Pe Railway Company, a connecting carrier, for further transportation to Clements, Kansas, near which place they were to be pastured during the…
2Cases cited13 opinions
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Rice v. Kansas Pacific RailwaySupreme Court of Missouri · 1876
- St. Louis, Kansas City & Northern Railway Co. v. ClearySupreme Court of Missouri · 1883
- Ward v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1900
- Mason v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- McElvain v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- St. Louis & San Francisco Railroad v. HeyserSupreme Court of Arkansas · 1910
- Burns v. Chicago, Rock Island & Pacific RailroadMissouri Court of Appeals · 1910
- Dunlap v. Chicago & Alton Ralway Co.Missouri Court of Appeals · 1915
- Hunt v. HinesMissouri Court of Appeals · 1920
6 more not listed; retrieve them via the Exa API.