Morrow v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) The plaintiffs’ evidence failing to establish a contract to reimburse them for loss of profits, in case of delay, or to impart notice to defendant that tbeir mill could be operated at a profit, and no loss of profits being shown, by any legitimate evidence, since such profits amounted to mere speculation, from the facts shown, and no legal basis for the liability for loss of profits was established, the…
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Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) The plaintiffs’ evidence failing to establish a contract to reimburse them for loss of profits, in case of delay, or to impart notice to defendant that tbeir mill could be operated at a profit, and no loss of profits being shown, by any legitimate evidence, since such profits amounted to mere speculation, from the facts shown, and no legal basis for the liability for loss of profits was established, the defendant’s demurrer should have been sustained. Hadley v. Baxendale, 9 Exch. 341; Howard v. 'Stillwell Mfg. Co., 189 U. S. 199,…
1Opinion of the Court
I
NIXON, P. J.
(after stating the facts). — It will be seen by the foregoing statement that this is an action for damages caused by the negligence of the defendant, a common carrier. The plaintiffs delivered to the defendant carrier certain mill rolls to be transported to Leavenworth, Kansas, for recorrugation. At the time *208the machinery was delivered to the defendant and the hill of lading issued, the carrier was informed that the freight consisted of mill rolls — a rush shipment — and that while the rolls were away, the mill would be shut down. The rolls were eleven days longer in transit than…
2Cases cited28 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Chapman v. KirbyIllinois Supreme Court · 1868
- Cincinnati Siemens-Lungren Gas Illuminating Co. v. Western Siemens-Lungren Co.Supreme Court of the United States · 1894
- Anchor Milling Co. v. WalshSupreme Court of Missouri · 1891
23 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Coonis v. RogersSupreme Court of Missouri · 1968
- Mills v. MurrayMissouri Court of Appeals · 1971
- New Amsterdam Casualty Co. v. Utility Battery Manufacturing Co.Supreme Court of Florida · 1935
- Willman v. BehelerSupreme Court of Missouri · 1973
- Chmieleski v. City Products Corp.Missouri Court of Appeals · 1983
36 more not listed; retrieve them via the Exa API.