Humphreys v. St. Louis & Hannibal Railway Co.
Missouri Court of Appeals
Appeal from Lincoln Circuit Court. — Hon. B. H. Dyer, Judge. (1) There was no evidence tending to show that defendant or its agent had any notice or knowledge of the delivery of plaintiff’s hogs into its stock pens, and no liability of defendant attached with reference to them prior to the escape of the hogs alleged to have been lost! Merriam v. Railroad, 20 Conn. 354; Williams v. Peytavin, 4 Mart. (La.) 304; Grosvenor v. Railroad, 39 N. Y. 34; Blaehard v. Isaacs, 3 Barb.
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Appeal from Lincoln Circuit Court. — Hon. B. H. Dyer, Judge. (1) There was no evidence tending to show that defendant or its agent had any notice or knowledge of the delivery of plaintiff’s hogs into its stock pens, and no liability of defendant attached with reference to them prior to the escape of the hogs alleged to have been lost! Merriam v. Railroad, 20 Conn. 354; Williams v. Peytavin, 4 Mart. (La.) 304; Grosvenor v. Railroad, 39 N. Y. 34; Blaehard v. Isaacs, 3 Barb. (N. Y.) 388; Ball v. New Jersey Steamboat Co., 1 Daíy (N. Y.) 491; O’Bannon v. Southern Express Co., 51 Ala. 481; Wells v.…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff on account of the alleged negligence of defendant. Plaintiff recovered and defendant prosecutes the appeal.
Defendant is a common carrier and as such maintains a station and stock pens at Troy, Missouri. Plaintiff delivered eighty-seven fat hogs to defendant in its stock pens, with a view of loading them on a car for shipment, and five of the hogs escaped through a defective fence. The hogs were lost and the suit proceeds for their value.
It appears that the fence of the stock pen was defective and had been so for several months. Some of the posts…
2Cases cited22 opinions
- Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Beave v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Hall v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1914
- Dunn v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1878
- Mason v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
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3Cited by2 opinions
- Ford v. Wabash Railway Co.Supreme Court of Missouri · 1927
- Kerr v. BushMissouri Court of Appeals · 1918