Lamar Manufacturing Co. v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Barton Circuit Court. — Eon. Eenry G. Timmonds, Judge. (1) There was no evidence either on part of plaintiffs or defendants which could, by any hook or crook, be construed that defendant did become aware of the impending and approaching flood in time to have removed the goods to a place of safety. (2) We think not, and that the giving of these instructions was error.
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Appeal from Barton Circuit Court. — Eon. Eenry G. Timmonds, Judge. (1) There was no evidence either on part of plaintiffs or defendants which could, by any hook or crook, be construed that defendant did become aware of the impending and approaching flood in time to have removed the goods to a place of safety. (2) We think not, and that the giving of these instructions was error. The statement that instructions which there is no evidence to support should not be given hardly needs the citation of authorities to support it. Mfg. Co', v. Shreve, 94 MO'. App. 518-525; Marr v. Bunker, 92 Mo. App.…
1Opinion of the CourtJohnson, J.
Action against a common carrier brought by the consignees and owners of certain merchandise to recover damages for injury thereto, alleged to have been caused by the negligence of defendant. Plaintiffs had judgment and defendant appealed.
*457Plaintiffs, retail merchants in Lamar, purchased the goods of a wholesale concern in St. Joseph. The latter made two shipments of them, both over the line of the St. Joseph & Grand Island Railroad Company. The first was delivered to the carrier at St. Joseph in the afternoon of May 26, 1903, and the second.two days later. The line of this carrier terminates…
2Cases cited4 opinions
- Read v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1875
- Moffatt Commission Co. v. Union Pacific Railway Co.Missouri Court of Appeals · 1905
- Pinkerton v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1906
- RoBards v. LambSupreme Court of Missouri · 1886
3Cited by16 opinions
- Ford v. Wabash Railway Co.Supreme Court of Missouri · 1927
- Rodgers v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
- The IndrapuraDistrict Court, D. Oregon · 1909
- Seaboard Air Line Railway v. MullinSupreme Court of Florida · 1915
- Merritt Creamery Co. v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1908
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