101 Live Stock Co. v. Kansas City, Memphis & Birmingham Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. W. B. Teas dale, Judge. STATEMENT BY BBOADDUS, .T. This is a suit by the 101 Live Stock Company against the Kansas City, Memphis and Birmingham Railroad Company for delay of a shipment of stock at Memphis, Tennessee, and for a failure to properly feed, water and take care of said stock on- the part of the Union Stock Yards Company at Memphis, Tennessee, into whose hands they were placed by the railroad company while waiting further…
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Appeal from Jackson Circuit Court. — Hon. W. B. Teas dale, Judge. STATEMENT BY BBOADDUS, .T. This is a suit by the 101 Live Stock Company against the Kansas City, Memphis and Birmingham Railroad Company for delay of a shipment of stock at Memphis, Tennessee, and for a failure to properly feed, water and take care of said stock on- the part of the Union Stock Yards Company at Memphis, Tennessee, into whose hands they were placed by the railroad company while waiting further orders, and to comply with the Federal statutes in regard to watering and feeding stock in transit. There were three…
1Opinion of the CourtBroaddus, J.
The contention of the defendant is that under the evidence the court committed error in not instructing the jury to return a verdict for the defendant; and that the court committed error in the giving and refusing of certain instructions named.
We believe that the court committed no error in refusing to instruct for the defendant on the evidence, as there was ample proof to show that it was through the neglect of defendant’s agents that the plaintiff’s cattle were not promptly received and shipped by the Iron Mountain road on their arrival at Memphis, which act of negligence resulted in some…
2Cases cited11 opinions
- Reno v. JarrellSupreme Court of Missouri · 1901
- D. Klass Commission Co. v. Wabash RailroadMissouri Court of Appeals · 1899
- Duvenick v. Missouri Pacific RailroadMissouri Court of Appeals · 1894
- Sturgeon v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Mount Vernon Co. v. Ala. Gt. Southern RailroadSupreme Court of Alabama · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Gratiot Street Warehouse Co. v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1907
- Bushnell v. Wabash RailroadMissouri Court of Appeals · 1906
- Matheson v. Southern Ry.Supreme Court of South Carolina · 1908
- Summers v. Wabash RailroadMissouri Court of Appeals · 1905
- Denver & Rio Grande Railroad v. A. Peterson Grocery Co.Supreme Court of Colorado · 1915
1 more not listed; retrieve them via the Exa API.