Rogan v. Wabash Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Eishek, Judge. The carrier is responsible for damages resulting from failure to deliver promptly. Lawson v. Railroad, 79 Mo. 296; Hutchinson on Carriers [2 Ed.] sec. 328. Damages are such as naturally arise from failure to deliver promptly. Pruitt v. Railroad, 62 Mo. 534; Railroad v. Lumbar, 20 111. 623; 71 - Am. Dec. 291; Railroad v. Rae, 18 111. 488; 68 Am.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Eishek, Judge. The carrier is responsible for damages resulting from failure to deliver promptly. Lawson v. Railroad, 79 Mo. 296; Hutchinson on Carriers [2 Ed.] sec. 328. Damages are such as naturally arise from failure to deliver promptly. Pruitt v. Railroad, 62 Mo. 534; Railroad v. Lumbar, 20 111. 623; 71 - Am. Dec. 291; Railroad v. Rae, 18 111. 488; 68 Am. Dec. 574; Sneed v. Ford, 28 L. J. Q. B. 179; Hadley v. Baxendale, 9 Exch. 341; Railroad v. Pritchard, 77 Ga. 412; Railroad v. Loonie, 19 S. W. Rep. 385; Express Co. v.…
1Opinion of the CourtThompson, J.
This action was brought to recover damages from the defendant, a railway carrier, for failure to deliver within a reasonable time a shipment of goods which the plaintiffs, through their agent, had committed to the defendant for.carriage from St. Louis, in this state, to Santa Anna, Texas. There was a trial before a jury,'at the conclusion of which the court directed the jury to return a verdict for nominal damages only. The propriety of this direction is the only substantial question upon this appeal.
It is necessary to an understanding of the question presented for decision to get a clear…
2Cases cited8 opinions
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Harvey v. Terre Haute & Indianapolis RailroadSupreme Court of Missouri · 1881
- Brown v. Wabash, St. Louis & Pacific R'y. Co.Missouri Court of Appeals · 1885
- Conover v. Pacific Express Co.Missouri Court of Appeals · 1890
- Abeles v. Western Union Telegraph Co.Missouri Court of Appeals · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Kellerman v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1896
- Florida East Coast Railway Co. v. PetersSupreme Court of Florida · 1916
- Gratiot Street Warehouse Co. v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1907
- Chicago, R. I. & P. Ry. Co. v. WehrmanSupreme Court of Oklahoma · 1909
- Dunne & Grace v. St. Louis & Southwestern Railway Co.Missouri Court of Appeals · 1912
17 more not listed; retrieve them via the Exa API.