Dunne & Grace v. St. Louis & Southwestern Railway Co.
Missouri Court of Appeals
Appeal from New Madrid Circuit Court.- — Hon. Henry G. Riley, Judge. (1) No recovery can be had for damages for purely speculative or contingent damages or for damages which could not have been reasonably anticipated by defendant. Taylor v. McGuire, 12 Mo. 313; Mining Co. v. Clark, 32 Mo. 309; Steffen v. Railroad, 156 Mo. 336; Connoble v. Clark, 38 Mo. App. 483; Rogan v. Railroad, 51 Mo. App. 665; Gray v. Railway, 54 Mo.
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Appeal from New Madrid Circuit Court.- — Hon. Henry G. Riley, Judge. (1) No recovery can be had for damages for purely speculative or contingent damages or for damages which could not have been reasonably anticipated by defendant. Taylor v. McGuire, 12 Mo. 313; Mining Co. v. Clark, 32 Mo. 309; Steffen v. Railroad, 156 Mo. 336; Connoble v. Clark, 38 Mo. App. 483; Rogan v. Railroad, 51 Mo. App. 665; Gray v. Railway, 54 Mo. App. 666. (2) The plaintiffs were bound to pay the regular tariff freight rates, regardless of the fate which was named in the bill of lading. Railroad v„ Hefley, 158 H. S.…
1Opinion of the CourtNortoni, J.
— This is a suit for damages alleged to have accrued on account of defendant’s breach of its obligation to transport plaintiffs’ goods within a reasonable time and to recover an excessive freight charge wrongfully exacted. Plaintiffs recovered and defendant prosecutes the appeal.
The suit originated before a justice of the peace and found its way by appeal into the circuit court where it was tried without a jury. The complaint sets forth, and the evidence tends to prove, that plaintiffs, copartners, owned and operated a business at Wicldiffe, Kentucky, where they retailed wagons, buggies, etc.…
2Cases cited7 opinions
- Texas & Pacific Railway Co. v. MuggSupreme Court of the United States · 1906
- Rogan v. Wabash Railway Co.Missouri Court of Appeals · 1892
- Gerber v. Wabash RailroadMissouri Court of Appeals · 1895
- Sutton v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1911
- Gray v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bush v. Keystone Driller Co.Missouri Court of Appeals · 1917
- Mellon v. Stockton & LampkinSupreme Court of Missouri · 1930
- Keithley v. LuskMissouri Court of Appeals · 1915
- Sheldon v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1918
- Miller v. Kansas City Western RailroadMissouri Court of Appeals · 1914
8 more not listed; retrieve them via the Exa API.