Lachner Bros. v. Adams Express Co.
Missouri Court of Appeals
Appeal from, the Nodaway Circuit Court. — Hon. C. A. . Anthony, Judge. (I) The record in this case fails to disclose any negligence whatever on the part of appellant. It is a mere conjecture and wild guess on the part of the jury to say that the death of this fat animal on a hot day closely crated and put in an express car after a three mile drive in the sun was caused by any act or omission of defendant’s agent. . The Powhattan, 12 Eed. Rep. 880; Paddock v. R. B., 60 Mo.
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Appeal from, the Nodaway Circuit Court. — Hon. C. A. . Anthony, Judge. (I) The record in this case fails to disclose any negligence whatever on the part of appellant. It is a mere conjecture and wild guess on the part of the jury to say that the death of this fat animal on a hot day closely crated and put in an express car after a three mile drive in the sun was caused by any act or omission of defendant’s agent. . The Powhattan, 12 Eed. Rep. 880; Paddock v. R. B., 60 Mo. App. 340; Smith v. B. B., 37 Mo. 295; Moore v. B. B., 28 Mo. App. 622; Schoenfeld v. B. B., 21 S. Rep. (La.) 592; B. B. v.…
1Opinion of the CourtSmith, P. J.
PLEADINGS. This is an action to recover the value of a Poland-China boar. The petition alleged that the defendant' “as 'such common carrier on the 12th day of October, 1896, received at its said office, in the city of Pawnee, aforesaid, one thoroughbred Poland-Ohina boar hog in good condition; that in consideration of the regular rates to be paid defendant agreed to carry said hog to the city of Maryville, aforesaid. Plaintiffs state that the defendant failed to perform its duty as common carrier in the transportation of said hog; that said hog was not carried with due care to its said…
2Cases cited16 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Schneider v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Sullivan v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Mack v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1883
- Dunn v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1878
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Louisville & Nashville Railroad v. Warfield & LeeSupreme Court of Georgia · 1907
- Young v. VannattaMissouri Court of Appeals · 1905
- Yontz v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1913
- St. Louis S. F. R. Co. v. MountsSupreme Court of Oklahoma · 1914
- Wentworth Fruit Growers Ass'n v. American Railway Express Co.Missouri Court of Appeals · 1928
7 more not listed; retrieve them via the Exa API.