Legal Opinion

Sturgeon v. St. Louis, Kansas City & Northern Railway Co.

Supreme Court of Missouri

Decided October 15, 1877PublishedCited by 15 opinions

Appeal from. Montgomery Circuit Court.—Hon. Gf. Porter, Judge. At tbe request of defendant the court gave the following instruction: 3. Although the jury may believe, from the evidence, that the plaintiff did, on or about the 20th day of January, 1873, deliver to the defendant two car loads of hogs, to be transported or conveyed from 'Wellsville, in Montgomery county, to the City of St. Louis, and that one of said hogs was lost, after the same was received by…

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Appeal from. Montgomery Circuit Court.—Hon. Gf. Porter, Judge. At tbe request of defendant the court gave the following instruction: 3. Although the jury may believe, from the evidence, that the plaintiff did, on or about the 20th day of January, 1873, deliver to the defendant two car loads of hogs, to be transported or conveyed from 'Wellsville, in Montgomery county, to the City of St. Louis, and that one of said hogs was lost, after the same was received by defendants,.yet, if the jury further find from the evidence, that before said hogs were shipped from Wellsville, the plaintiff’ and…

1Opinion of the CourtNapton, J.

The judgment in this case must be reversed, because the petition stated two separate and distinct causes of action, upon which a general, verdict was rendered, and the motion in arrest of judgment specifically directed the attention of the court to this objection. Owens v. H. & St. J. R. R. Co., 58 Mo. 394, and cases there cited.

The first instruction given by the court for the plaintiff, is objected to, as leaving to the jury to determine a ques*572tion of law, but this construction of it seems rather hypercritical. It speaks of the defendant as a common carrier, but proceeds to state what…

2Cases cited1 opinion

  1. Owens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1874

3Cited by15 opinions

  1. St. Louis, Kansas City & Northern Railway Co. v. ClearySupreme Court of Missouri · 1883
  2. Carroll v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
  3. Texas P. R'y Co. v. NicholsonTexas Supreme Court · 1884
  4. Dunn v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1878
  5. Gratiot Street Warehouse Co. v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1907

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