DeLisle v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from New Madrid Circuit Court. — Hon. Henry C. Riley, Judge. (1) The defendant, on account of the condition of its track at the north end, was unable to receive plaintiff’s shipment earlier than it did, and it had the right to decline to receive his cattle for shipment until it could transport them.
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Appeal from New Madrid Circuit Court. — Hon. Henry C. Riley, Judge. (1) The defendant, on account of the condition of its track at the north end, was unable to receive plaintiff’s shipment earlier than it did, and it had the right to decline to receive his cattle for shipment until it could transport them. This defendant did, and advised the plaintiff why it did so, and the plaintiff was satisfied therewith and he therefore can not recover against the defendant for failure to receive his cattle for shipment earlier than it did. Guinn v. Railroad, 20 Mo. App. 458; Railroad v. Swift, 12 Wall…
1Opinion of the CourtReynolds, P. J.
The plaintiff instituted his action in the circuit court of New Madrid county against the defendant for damages alleged to have been sustained by him in consequence of the defendant’s failure to supply cars it had contracted to do in which to ship his cattle and that by reason of the delay in the supply of cars and in the shipment of the cattle, the cattle lost in weight and did not reach the market for sale at the time they should have done, had the defendant supplied the cars as contracted and agreed; that the market fell off and that plaintiff had suffered damages thereby, plaintiff laying…
2Cases cited1 opinion
- Glascock v. Chicago & Alton RailroadSupreme Court of Missouri · 1879