Cash v. Wabash Railroad
Missouri Court of Appeals
Appeal from the Jaolcson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) Upon tbe undisputed facts in tbis case tbe verdict should bave been for tbe defendant, (a) Because tbe injury sued for resulted from tbe vitality of tbe animals transported. Hutchinson on Carriers [2 Ed.], sec. 218, p. 238, and cases cited; Ray on Freight Carriers, p. 254, and cases cited; Hussey v. Suragossa, 3 Woods 380; Hance v. Express Co., 48 Mo, App. 183; Tbe Rowhattan, 12 Eed.
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Appeal from the Jaolcson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) Upon tbe undisputed facts in tbis case tbe verdict should bave been for tbe defendant, (a) Because tbe injury sued for resulted from tbe vitality of tbe animals transported. Hutchinson on Carriers [2 Ed.], sec. 218, p. 238, and cases cited; Ray on Freight Carriers, p. 254, and cases cited; Hussey v. Suragossa, 3 Woods 380; Hance v. Express Co., 48 Mo, App. 183; Tbe Rowhattan, 12 Eed. Rep. 886. (b) Because tbe defendant was not responsible in tbis cause for any injury received between St. Louis and Indianapolis. Coates…
1Opinion of the CourtGill, J.
Defendant has appealed from a judgment of $452 which plaintiff recovered against it for damages done to a carload of horses shipped over said Wabash road in April, 1897, and which were consigned from Kansas City to Indianapolis, there to be sold on the market. Defendant, however, by the contract of shipment, undertook only to carry the-horses to St. Louis whence they were to be forwarded by another line to Indianapolis.
The evidence shows that the horses were loaded at the-Kansas City stock yards late in the afternoon of April 20 and arrived at the yards at St. Louis the following morning.…
2Cases cited2 opinions
- Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
- Hance v. Pacific Express Co.Missouri Court of Appeals · 1892
3Cited by12 opinions
- Libby v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1909
- Hurst v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1906
- Cunningham v. Wabash RailroadMissouri Court of Appeals · 1912
- McFall v. Wabash RailroadMissouri Court of Appeals · 1906
- Texarkana & Ft. Smith Railway Co. v. Rosebrook-Josey Grain Co.Court of Appeals of Texas · 1908
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