Ball v. Wabash, St. Louis & Pacific Railway Co.
Supreme Court of Missouri
Appealfrom Carroll Circuit Court. — Hon. J. M. Davis, Judge. (1) The contract being lawful, and under it the common law liability of defendant being limited, the burden -of proof was upon plaintiff to establish negligence on the part of defendant.
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Appealfrom Carroll Circuit Court. — Hon. J. M. Davis, Judge. (1) The contract being lawful, and under it the common law liability of defendant being limited, the burden -of proof was upon plaintiff to establish negligence on the part of defendant. Rice v. K. P. Ry., 63 Mo. 314; Clark v. St. L., K. C. & N. Ry., 64 Mo. 440 ; Sturgeon v. Same, 65 Mo. 569 ; Oxley v. Same, 65 Mo. 629 ; Dawson v. Same, 76 Mo. 514; R. R. v. Cleary, 77 Mo. 634 ; Cragin v. N. C. R. R., 51 N. Y. 61; Penn v. B. & E. R. R., 49 N. Y. 204; L. C. & L. R. R. v. Hedger, 9 Bush. 645; Squire, et al., v. N. Y. C. R. R., 98 Mass.…
1Opinion of the Court
Ewing, C.
This suit was based upon a petition the material averments of which are as follows: First. That defendant was a corporation created under the laws of Missouri. Second. That defendant is a common carrier, and as such common carrier, on the 3d day of March, 1880, received of plaintiff, to be transported from South Carrollton, one car load of hogs to Metcalf, Moore & Company, consignees, National Stock Yards, East St. Louis, Illinois. Third. That in consideration that said *577car load of hogs was to be by defendant, safely, carefully, and as speedily as possible, transported to the point…
2Cases cited4 opinions
- Levering v. Union Transportation & InsuranceSupreme Court of Missouri · 1867
- Clark v. St. Louis, Kansas City, & Northern Railway Co.Supreme Court of Missouri · 1877
- Oxley v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Sturgeon v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
3Cited by8 opinions
- Dymock v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1893
- Chesapeake & Ohio Railway Co. v. PewSupreme Court of Virginia · 1909
- State v. RandolphMissouri Court of Appeals · 1909
- Doan v. St. Louis, Keokuk & Northwestern Railway Co.Missouri Court of Appeals · 1889
- Botts v. Wabash RailroadMissouri Court of Appeals · 1904
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