Burgher v. Wabash Railroad
Missouri Court of Appeals
Appeal from Scotland Circuit Court. — Eon. Chas. D. Stewart, Judge. 1. There is no averment in the petition that defendant failed to furnish the cars within a reasonable time after application made for them, or that there was an agreement to furnish bedded cars, or that cars were to be furnished at any particular time, or to deliver the stock for any particular market.
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Appeal from Scotland Circuit Court. — Eon. Chas. D. Stewart, Judge. 1. There is no averment in the petition that defendant failed to furnish the cars within a reasonable time after application made for them, or that there was an agreement to furnish bedded cars, or that cars were to be furnished at any particular time, or to deliver the stock for any particular market. The court erred in overruling defendant’s objection to the question asked of plaintiff as to “what was your arrangement?” The pleadings admit, and the evidence shows the cattle were shipped under written contracts; there is no…
1Opinion of the Court
NORTONI, J. —
This is a suit for damages alleged to have accrued because of defendant’s breach of duty in respect of its obligation as a common carrier to transport plaintiff’s cattle to Chicago, Illinois, within a reasonable time. Plaintiff recovered in the circuit court and defendant prosecutes the appeal.
The evidence tended to prove that, plaintiff con; tracted with the defendant to transport for him one hundred and eighty-eight head of cattle from Coatsville, Missouri, to Chicago, Illinois. Several cars were employed in the shipment. It appears transportation was had over the defendant’s…
2Cases cited12 opinions
- Express Co. v. CaldwellSupreme Court of the United States · 1875
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Rice v. Kansas Pacific RailwaySupreme Court of Missouri · 1876
- Kellerman v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1896
- George v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1908
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3Cited by3 opinions
- McElvain v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Blain v. JohnsonSupreme Court of Iowa · 1926
- Botts v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1915