Legal Opinion

Goodson v. Wabash, St. Louis & Pacific Railway Co.

Missouri Court of Appeals

Decided June 28, 1886PublishedCited by 11 opinions

Appeal from Carroll Circuit Court, Hon; James M. Davis, Judge. Statement of case by the court. The appellant has filed in this court the following abstract of the record in this case : “ This was an action instituted in the circuit court of Carroll county, Missouri, to recover the sum of two hundred and twenty dollars on account of damages alleged to have been sustained by plaintiff by reason of the negligent delay of certain live stock belonging to him while in transit npon…

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Appeal from Carroll Circuit Court, Hon; James M. Davis, Judge. Statement of case by the court. The appellant has filed in this court the following abstract of the record in this case : “ This was an action instituted in the circuit court of Carroll county, Missouri, to recover the sum of two hundred and twenty dollars on account of damages alleged to have been sustained by plaintiff by reason of the negligent delay of certain live stock belonging to him while in transit npon defendant’s railroad, between Kansas City, Missouri, and Carrollton, Missouri, on the twenty-first day of March, 1883.”…

1Opinion of the CourtHalu, J.

The appellant seeks a reversal of the judgment in this case, and assigns therefor two reasons. (1) That the evidence totally failed to show that the delay complained of in the petition was caused by the negligence of the defendant. (2) That the court erred in refusing to give the third instruction asked by the appellant, because, by the terms of the contract, in case of even negligent delay, the recovery was limited to the amount expended for food and water.

Rule fifteen of this court provides that “in ali cases the appellant or plaintiff in error shall file with the clerk of this court, on or…

2Cases cited1 opinion

  1. Foster v. TrimbleMissouri Court of Appeals · 1885

3Cited by11 opinions

  1. Fronk v. FronkMissouri Court of Appeals · 1911
  2. Nichols v. NicholsMissouri Court of Appeals · 1890
  3. City of Kansas v. O'ConnorCourt of Appeals of Kansas · 1889
  4. Aultman & Taylor Co. v. SmithMissouri Court of Appeals · 1893
  5. Bank of Tipton v. DavidsonMissouri Court of Appeals · 1890

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