Howell v. St. Louis & Hannibal Railway Co.
Missouri Court of Appeals
Appeal from Ralls Circuit Court. — Hon. David, H. E'by, Judge. Defendant, if liable at all, could only be held liable for the natural proximate and probable consequence of its failure to furnish plaintiff a suitable car for the shipment of said mules; and it could not be held liable for any damages resulting from the alleged breach of its contract which could not have been reasonably foreseen or expected. Commission Co. v. Railroad, 113 Mo.
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Appeal from Ralls Circuit Court. — Hon. David, H. E'by, Judge. Defendant, if liable at all, could only be held liable for the natural proximate and probable consequence of its failure to furnish plaintiff a suitable car for the shipment of said mules; and it could not be held liable for any damages resulting from the alleged breach of its contract which could not have been reasonably foreseen or expected. Commission Co. v. Railroad, 113 Mo. App. 544; Hyatt v. Railroad, 19 Mo. App. 300; Pruitt v. Railroad, 62 Mo. 527; Mendoclc v. Railroad, 133 Mass. 15; 'Walsh v. Railroad, 42 "Wis. 34;…
1Opinion of the CourtReynolds, P. J.
(after stating the facts). — It will be seen that this is an action upon a contract for damages for its breach, not one in tort; that it is an action to recover the actual damages sustained for the breach of the contract to furnish a car of certain dimensions at a certain time and place. While the forms of civil actions have been abolished in our State, the distinction between actions for -tort and for breach of a contract is observed. Referring to these actions, an accepted authority, quoting from 1 Sutherland on Damages, p. 74 (1 Sutherland, 3 Ed., p. 134), has said: “An important…
2Cases cited7 opinions
- Ayres v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Laurent v. VaughnSupreme Court of Vermont · 1858
- Ballentine v. North Missouri RailroadSupreme Court of Missouri · 1867
- Melson v. Western Union Telegraph Co.Missouri Court of Appeals · 1896
- Gulf, Colorado & Santa Fe Railway Co. v. Hodge & LongCourt of Appeals of Texas · 1895
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3Cited by2 opinions
- Reger v. First National BankMissouri Court of Appeals · 1926
- Blackwell v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1916