Ficklin v. Wabash Railroad
Missouri Court of Appeals
Appeal from Gentry Circuit Court. — Hon. Wm. G. Ellison, Judge. (1) The demurrer to the evidence should have been sustained.
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Appeal from Gentry Circuit Court. — Hon. Wm. G. Ellison, Judge. (1) The demurrer to the evidence should have been sustained. Rice v. Railroad, 63 Mo. 314; Atchison v. Railroad, 80 Mo. 215; Gashweiler v. Railroad, 83 Mo. 112; Angelí on Carriers (4 Ed.), sec. 225, p. 201, and cases cited; Milling Company v. Transit Company, 122 Mo. 276; Whitling v. Railroad, 101 Mo: 640; Kellerman v. Railroad, 136 Mr. 188-9; Cau v. Railroad, 194 U. S. 431; Chemical Co. v. Lackawanna Line, 78 Mo. App. 312; sec. 4386, R. S. U. S. 1901, vol. 3, pp. 2995-6. (2)' At the close of the whole case the learned judge…
1Opinion of the CourtJohnson, J.
Action for damages for negligent delay in tbe transportation of cattle to market. Plaintiff had judgment in the sum of five hundred dollars and defendant appealed. The shipment consisted of ninety-six head of fat cattle and was made under written contracts of affreightment providing for through transportation from Stanberry, Missouri, 'to the stockyards in Chicago, Illinois. It left the former place at noon one Saturday and, according to the evidence introduced by plaintiff, had it been forwarded with the usual expedition, would have reached the destination Sunday night in ample time for the…
2Cases cited9 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- York Company v. Central RailroadSupreme Court of the United States · 1866
- Cau v. Texas & Pacific Railway Co.Supreme Court of the United States · 1904
- Kellerman v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1896
- Paddock v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1900
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3Cited by3 opinions
- Leas v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1911
- Blair v. Wells-Fargo & Co.Supreme Court of Iowa · 1912
- Van Buskirk v. Quincy, Omaha & Kansas City Railway Co.Missouri Court of Appeals · 1910