Hunt v. St. Louis Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from St. Francois Circuit Court. — Hon. Peter H. Huele,.Judge.' (1) The canse of action stated in plaintiffs’ petition is in tort for negligent delay. In order to recover damages, if any, sustained in consequence of delay in •transportation of plaintiffs’ stock the burden was on the plaintiff to show not only unusual delay, but that tsuch delay was caused by negligence of defendant. Hickey v. Railroad, 174 Mo. App. 408; Gregory v. Railroad, 174 Mo.
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Appeal from St. Francois Circuit Court. — Hon. Peter H. Huele,.Judge.' (1) The canse of action stated in plaintiffs’ petition is in tort for negligent delay. In order to recover damages, if any, sustained in consequence of delay in •transportation of plaintiffs’ stock the burden was on the plaintiff to show not only unusual delay, but that tsuch delay was caused by negligence of defendant. Hickey v. Railroad, 174 Mo. App. 408; Gregory v. Railroad, 174 Mo. App. 550; Ecton v. Railroad, 125 Mo. App. 223; Standard Milling Co. v. Transit Co., 122 Mo. 275; McCrary v. Railroad, 109 Mo. App. 567;…
1Opinion of the CourtAllen, J.
This is an action • for damages alleged to have been sustained by plaintiffs by reason of. negligent delay in the transportation of cattle delivered to defendant for shipment. Plaintiffs recovered and the case is here upon defendant’s appeal.
The petition alleges that plaintiffs delivered thirty-one head of cattle to the defendant at DeLassus, Missouri, at nine o’clock in the afternoon of November 7, 1911, for shipment to East St. Louis, Illinois; that twelve hours was the usual time required for making such shipment, but defendant negligently failed to transport the cattle within a reasonable…
2Cases cited13 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Wright v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1906
- Libby v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1909
- Bushnell v. Wabash RailroadMissouri Court of Appeals · 1906
- McCrary v. Chicago & Alton RailroadMissouri Court of Appeals · 1904
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3Cited by5 opinions
- Dickinson v. SeaySupreme Court of Oklahoma · 1918
- Sikes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1915
- Alton v. Mineral Point & Northern Railway Co.Appellate Court of Illinois · 1921
- Louisville & N. R. v. MontgomeryTennessee Supreme Court · 1916
- Smart v. Oregon Short Line R.Utah Supreme Court · 1919