Wynn v. Wabash Railroad
Missouri Court of Appeals
Appeal from Daviess Circuit Court. — Eon. J. W. Alexander, Judge. (1) TJiere was a compliance, here shown, with thé statutes of Missouri, not a violation of them. Hence, the plaintiff was not entitled to recover. R. S. 1899, secs. 1094, 1193 and 1194. (2) According to the preponderance of testimony here, these sheep were transported to Kansas and delivered there. The statutes of Missouri, therefore, do not apply to this transaction.
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Appeal from Daviess Circuit Court. — Eon. J. W. Alexander, Judge. (1) TJiere was a compliance, here shown, with thé statutes of Missouri, not a violation of them. Hence, the plaintiff was not entitled to recover. R. S. 1899, secs. 1094, 1193 and 1194. (2) According to the preponderance of testimony here, these sheep were transported to Kansas and delivered there. The statutes of Missouri, therefore, do not apply to this transaction. Stanley v. R. R., 100 Mo. 435. (1) The law requiring railroads to transport 20,-000 pounds of sheep in a double-deck car at the same price as 20,000 pounds of…
1Opinion of the CourtEllison, J.
This is an action to recover the penalty provided by section 1094, Revised Statutes 1899, for violating sections 1092 and 1093 of such statute. Tbe •trial court gave plaintiff a judgment for $50, the minimum sum allowed in such cases.
Plaintiff had a carload of sheep (20,000 lbs.) if put in a double-deck car, but two carloads if an ordinary car should be used. He desired to ship them from Jamison to Kansas City, Missouri, a distance by defendant’s road of 160 miles. Defendant did not have a double-deck car and so furnished him with two ordinary stock cars. The defendant had in force the…
2Cases cited1 opinion
- Munford v. KeetSupreme Court of Missouri · 1900
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