Merritt Creamery Co. v. Atchison, Topeka & Santa Fe Ry. Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. O. A. Mosmrn, Judge. (1) The court erred in giving defendant’s peremptory instruction, because there was evidence which should have been submitted to the jury, tending to show that the loss was due to defendant’s negligence. That defendant’s officers and servants knew or could have, known of the approach of the flood in time to have saved the goods. Davis v. Railroad, 89 Mo. 347; Pinkerton v. Railway, 117 Mo.
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Appeal from Buchanan Circuit Court. — Hon. O. A. Mosmrn, Judge. (1) The court erred in giving defendant’s peremptory instruction, because there was evidence which should have been submitted to the jury, tending to show that the loss was due to defendant’s negligence. That defendant’s officers and servants knew or could have, known of the approach of the flood in time to have saved the goods. Davis v. Railroad, 89 Mo. 347; Pinkerton v. Railway, 117 Mo. App. 288; Railroad v. Beck (Pa.), 11 Am. St. R. 924. (2) The instructions offered by plaintiff and refused by the court correctly stated the…
1Opinion of the Court
ELLISON, J. —
Plaintiff shipped in one of defendant’s cars a consignment of butter from Great Bend, Kansas, to Boston, Massachusetts. The car left Great Bend on the night of May 27, 1903, and arrived in 'defendant’s freight yards near Kansas City on the morning of May 30th, where, ordinarily, the car would be made a part of a train for eastern points. But in this instance the car was not taken out of Kansas City and on the night of May 30th, or during May 31st, the butter was destroyed by a flood. Plaintiff brought this action for damages. The defense was that the flood was an act of Gód. The…
2Cases cited6 opinions
- Rodgers v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
- Moffatt Commission Co. v. Union Pacific Railway Co.Missouri Court of Appeals · 1905
- Grier v. St. Louis Merchants Bridge Terminal Railway Co.Missouri Court of Appeals · 1904
- Lamar Manufacturing Co. v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1906
- Pinkerton v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1906
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3Cited by4 opinions
- Seaboard Air Line Railway v. MullinSupreme Court of Florida · 1915
- Wertheimer, Swartz Shoe Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1910
- Baltimore & Ohio Southwestern Railroad v. WuestOhio Court of Appeals · 1915
- Koppen v. Union Iron & Foundry Co.Missouri Court of Appeals · 1914