Hahn v. St. Louis, Kansas City & Colorado Ry. Co.
Missouri Court of Appeals
Appeal from Morgan Circuit Court. — Son. Wm. H. Martin, Judge. (1) No negligence was shown on tbe part of tbe defendant in relation to tbe shipment. Elliott on Railroads, sec. 1482; Ecton y. Railroad, 125 Mo. App. 223; McCrary y. Railroad, 109 Mo. App. 569. (2) Instruction No. 1 giyen on the part of the plaintiff is erroneous, in defining the measure of damages. Hutchinson on Carriers (3 Ed.), sec. 1370; Birney y. Railroad, 20 Mo. App. 470; Gelvin y. Railway, 21 Mo.
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Appeal from Morgan Circuit Court. — Son. Wm. H. Martin, Judge. (1) No negligence was shown on tbe part of tbe defendant in relation to tbe shipment. Elliott on Railroads, sec. 1482; Ecton y. Railroad, 125 Mo. App. 223; McCrary y. Railroad, 109 Mo. App. 569. (2) Instruction No. 1 giyen on the part of the plaintiff is erroneous, in defining the measure of damages. Hutchinson on Carriers (3 Ed.), sec. 1370; Birney y. Railroad, 20 Mo. App. 470; Gelvin y. Railway, 21 Mo. App. 273. (3) Instruction No. 2 given on the part of the plaintiff is erroneous, in using the term prima facie, without defining…
1Opinion of the CourtJohnson, J.
This is an action against a common carrier to recover damages for the failure of the carrier to transport 224 head of stock cattle from Versailles in this State to Mansfield, Illinois. Defendant, received the cattle, agreed to carry them for hire and did carry them some fifty or sixty miles but, being stopped by a wreck on its own line, was compelled to take the cattle back to the starting point where they were delivered to plaintiff and a few days later were shipped by him to Mansfield, over another railroad. The damages sustained in consequence of this abortive attempt at transportation are…
2Cases cited8 opinions
- Ecton v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1907
- McFall v. Wabash RailroadMissouri Court of Appeals · 1906
- Sloop v. Wabash RailroadMissouri Court of Appeals · 1902
- Farmers Bank v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1906
- Gann v. Chicago Great Western Railway Co.Missouri Court of Appeals · 1897
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3Cited by2 opinions
- St. Louis S. F. R. v. Wells, Nash NashCourt of Appeals of Texas · 1912
- Thero v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1910