Shoptaugh v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from. Pemiscot Circuit Court. — Hon. Henry 0. Riley, Judge. • (1) The court erred in overruling tbe motion filed by defendant to require the plaintiff to make his petition more definite and certain.
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Appeal from. Pemiscot Circuit Court. — Hon. Henry 0. Riley, Judge. • (1) The court erred in overruling tbe motion filed by defendant to require the plaintiff to make his petition more definite and certain. The general charge of failure to furnish cars was insufficient to advise the defendant of the condition of its transportation facilities with reference to the needs of plaintiff at the time plaintiff desired to make shipments, and time was therefore an essential ingredient in the defense, and whenever such is the case it must appear with certainty in the petition. 6 Am. and Eng. Ency. PL…
1Opinion of the CourtGoode, J.
Action for damages for defendant company’s failure to furnish plaintiff sufficient cars to ship 120,000 feet of oak logs of the value of $1920, and 60,000 feet of cypress logs of the value of $840, from the station of Terry to Chaffee, Missouri, during the months of July, August, September and October, 1907. Plaintiff averred he frequently demanded of defendant’s agent at Hayti, a station three miles from Terry, and the right place to apply, cars in which to ship the said logs, the agent promised to furnish them, but did not; by reason of this omission of duty the logs became damaged and…
2Cases cited2 opinions
- Dawson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
- Shohoney v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1909
3Cited by5 opinions
- Anderson v. Chicago, Milwaukee & St. Paul Railway Co.Michigan Supreme Court · 1919
- Warner, Lorance Gammon v. St. L.-s.F. Ry. Co.Missouri Court of Appeals · 1925
- Cronan v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Dillender v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- St. Louis S. F. Ry. Co. v. Hobart Mill & Elevator Co.Supreme Court of Oklahoma · 1925