Bates Coal Mining & Mercantile Co. v. Missouri Pacific Railroad

* Corpus Juris-Cyc. References: Appeal and Error, 4CJ, section 2550, p. 658, n. 44; Contracts, 13CJ, section 516, p. 545, n. 46; Railroads, 33Cyc, p. 643, n. 70. This cause is appealed from the circuit court of Bates county, Missouri.

The cause of action stated is that the Missouri Pacific Railroad Company carelessly and negligently switched a large box car over the private switch of plaintiff, and carelessly and negligently ran said box car into the "tipple" and loading chute of the plaintiff.

The answer after denying generally, alleged that in 1913 a sidetrack was constructed at the request…