Legal Opinion

Unionville Produce Co. v. Chicago, Burlington & Quincy Railroad

Missouri Court of Appeals

Decided December 31, 1912PublishedCited by 4 opinions

Appeal from Putnam Circuit Court. — Hon. Geo. W. Wcmamaker, Judge.

1Opinion of the CourtJohnson, J.

This is an action prosecuted by a shipper of perishable property to recover damages resulting from negligent delay in the transportation of the shipment. The cause pleaded in the petition and submitted to the jury is founded on a breach of ■defendant’s common law duty. The answer in addition to a general denial pleads a written contract of affreightment which by its terms restricted defendant’s liability to its own line and alleges that the negligent delay, if any, occurred on the line of a connecting carrier. A trial of the issues resulted in a verdict and judgment for plaintiff aiid the…

2Cases cited5 opinions

  1. Ecton v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1907
  2. Holland v. Chicago Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1909
  3. Lay v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1911
  4. Gilbert v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1908
  5. Cunningham v. Wabash RailroadMissouri Court of Appeals · 1899

3Cited by4 opinions

  1. Florida East Coast Railway Co. v. PetersSupreme Court of Florida · 1916
  2. Warner, Lorance Gammon v. St. L.-s.F. Ry. Co.Missouri Court of Appeals · 1925
  3. Robert v. Rialto Building Co.Missouri Court of Appeals · 1917
  4. Young v. Maine Central RailroadSupreme Judicial Court of Maine · 1915

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