Shelby v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) It was error to strike out that part of defendant’s answer, setting up the existence of a mob in the Kansas City yards, by reason of which defendant could not get its cars handled through sai.d yards, as an excuse for refusing to receive said cattle for shipment. The law is clear that under such circumstances the carrier is excused from receiving stock for shipment.
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Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) It was error to strike out that part of defendant’s answer, setting up the existence of a mob in the Kansas City yards, by reason of which defendant could not get its cars handled through sai.d yards, as an excuse for refusing to receive said cattle for shipment. The law is clear that under such circumstances the carrier is excused from receiving stock for shipment. For the same reason it was error to refuse defendant’s second instruction. Hutchinson on Carriers, secs. 114 and 115; Falkner v. Railway, 51 Mo. 311;…
1Opinion of the CourtSmith, P. J.
This is an action to recover damages for the breach of a verbal contract, by which the defendant unconditionally undertook to receive and ship ten car loads of cattle on the evening of July 9, 1894, from its station at Lexington to Kansas City.
The answer contained the following allegations, that is to say:
“Defendant admits that it refused to accept said cattle for shipment on said ninth day of July, 1894, and avers that it had just and good ground for so doing, inasmuch as on that day, and for several days previous, and for several days thereafter, the switchmen in the, Kansas City railway…
2Cases cited9 opinions
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Read v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1875
- Haysler v. OwenSupreme Court of Missouri · 1875
- Davis' Adm'r v. SmithSupreme Court of Missouri · 1852
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
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3Cited by2 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. WoodIndiana Court of Appeals · 1908
- Vivion v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1913