Vaughn v. Wabash Railroad Co.

CAVE, J.-

This is an action to recover damages for loss sustained by plaintiff to six car loads of cattle in transit from Kansas City, Missouri, to Greentop, Missouri. Verdict and judgment were for plaintiff for $1800. Defendant appealed.

The petition is founded upon the theory of the carrier!s common-law liability as an insurer; neither specific negligence nor written contract is pleaded. The cause of action alleged is the failure of defendant to discharge its common-law obligation safely to deliver the property at its destination. [Creamery Co. v. Ry. Co., 128 Mo. App. 420.]

The answer is a…