Baker v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Monroe Circuit Court. — Hon. Thomas H. Bacon, Judge. The court erred in permitting evidence to be introduced on the petition. It does not state facts to constitute a cause of action. If the contract limits him to stipulated damages, he must recover on that or not at all, but from the petition it cannot be discerned what proportion to the whole value, the damage to any or all the sheep bore.
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Appeal from the Monroe Circuit Court. — Hon. Thomas H. Bacon, Judge. The court erred in permitting evidence to be introduced on the petition. It does not state facts to constitute a cause of action. If the contract limits him to stipulated damages, he must recover on that or not at all, but from the petition it cannot be discerned what proportion to the whole value, the damage to any or all the sheep bore. R. S. 1879, sec. 8511. Scott v. Robards, 67 Mo. 289; Banltston v. Farris, 26 Mo. 176. Plaintiff shows by his own testimony that he did not give the written notice of his damages as he…
1Opinion of the CourtRombauer, P. J.
On October 25, 1887, the plaintiff filed his amended petition herein, whereby he charged that he and the defendant entered into a special contract for the transportation of plaintiff’s sheep, that the defendant was guilty of breaches of said contract, stating particulars, to plaintiff’s damage in the sum of twenty-four hundred dollars.
The contract is filed with the petition. Such parts thereof as have any bearing on the present controversy are as follows:
*105“LIVE STOCK CONTRACT.”
“Moberly Station, September'11, 1882.
“ This agreement, made between the Missouri Pacific Railway Company, of the first…
2Cases cited12 opinions
- Christal v. CraigSupreme Court of Missouri · 1883
- Rice v. Kansas Pacific RailwaySupreme Court of Missouri · 1876
- Levering v. Union Transportation & InsuranceSupreme Court of Missouri · 1867
- Buel v. St. Louis Transfer Co.Supreme Court of Missouri · 1870
- Heil v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1885
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Chicago, Burlington & Quincy Railroad v. JonesIllinois Supreme Court · 1894
- Coleman v. ZieglerSupreme Court of Missouri · 1952
- Missouri, Kansas & Texas Railway Co. v. I. FrogleySupreme Court of Kansas · 1907
- Shelton v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908
- Shewalter v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1900
3 more not listed; retrieve them via the Exa API.