North Missouri Railroad v. Akers
Supreme Court of Kansas
Error from Leavenworth County. Tlie facts of the case are substantially as follows : Tbe defendant in error brought action against the plaintiff in, error, for a breach of an agreement between the parties, whereby plaintiff in error, common carrier, agreed to transport 250 mules of defendant in error, from St. Louis to Hudson, Missouri, practically identical with Macon city, and there safely to deliver the same to the Hannibal & St. Joseph railroad company.
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Error from Leavenworth County. Tlie facts of the case are substantially as follows : Tbe defendant in error brought action against the plaintiff in, error, for a breach of an agreement between the parties, whereby plaintiff in error, common carrier, agreed to transport 250 mules of defendant in error, from St. Louis to Hudson, Missouri, practically identical with Macon city, and there safely to deliver the same to the Hannibal & St. Joseph railroad company. Consideration for, and delivery and acceptance of the mules under the contract, were duly alleged. Damages were claimed for the value of…
1Opinion of the Court
By the Court,
Kingman, C. J.
In October, 1862, the defendant in err.or shipped on the road of plaintiff in error, at St. Louis, Mo., a lot of mules, to Macon city, the termination of said road, for further transportation westward. The evidence is-*468contradictory, whether the plaintiff in error was to deliver the mules at Macon city to the Hannibal & St. Joseph railroad, or'not.
When the mules reached Macon city they were put in the stock pens of the road, and on the afternoon of the day of their arrival, as the proofs differ^ the mules were taken out to water, and, while out, stampeded, and…
2Cases cited3 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Bonifant v. DoniphanSupreme Court of Kansas · 1864
- Harpending v. ShoemakerNew York Supreme Court · 1862
3Cited by17 opinions
- Kansas Pacific Rly. Co. v. Nichols, Kennedy & Co.Supreme Court of Kansas · 1872
- Ætna Life Insurance v. KoonsSupreme Court of Kansas · 1881
- Turcott v. RailroadTennessee Supreme Court · 1898
- Williams v. Metropolitan Street-railway Co.Supreme Court of Kansas · 1903
- Kaw Boiler Works v. FrymyerSupreme Court of Oklahoma · 1924
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