McDowell v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Moniteau Circuit Court. — IIon. John M. Williams, Judge. The plaintiff offered no evidence to establish proof of the defendant’s negligence. Mere proof of delay was not sufficient proof of negligence; therefore defendant’s instructions in the nature of a demurrer to the evidence should have been sustained. Whitting Railroad, 101 Mo. 640; Otis v. Railroad, 112 Mo. 633; Anderson v. Railroad, 93 Mo.
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Appeal from Moniteau Circuit Court. — IIon. John M. Williams, Judge. The plaintiff offered no evidence to establish proof of the defendant’s negligence. Mere proof of delay was not sufficient proof of negligence; therefore defendant’s instructions in the nature of a demurrer to the evidence should have been sustained. Whitting Railroad, 101 Mo. 640; Otis v. Railroad, 112 Mo. 633; Anderson v. Railroad, 93 Mo. App. 679; Standard Mill Co. v. Transit Co., 122 Mo. 258; McCrary v. Railroad, 109 Mo. App. 569; Wright v. Railroad, 118 Mo. App. 396; Ecton v. Railroad, 125 Mo. App. 225; Clark v.…
1Opinion of the CourtEllison, J.
Plaintiff shipped a car-load of cattle with defendant from East St. Lonis, Illinois, to California, Missouri. They were damaged by shrinkage, etc., by alleged negligent delay in the shipment and plaintiff brought this action for damages and prevailed in the trial court.
The evidence showed delay several hours beyond a reasonable time in the arrival of the cattle, considering the distance from the place of shipment'. But there was no evidence of negligence. Mere delay does not establish negligence. Plaintiff proved delay, but not that it was occasioned by the negligence of which he complained…
2Cases cited7 opinions
- Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
- Otis Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Ecton v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1907
- Anderson v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1902
- McCrary v. Chicago & Alton RailroadMissouri Court of Appeals · 1904
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3Cited by3 opinions
- Robinson v. BushMissouri Court of Appeals · 1918
- Sikes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1915
- Smart v. Oregon Short Line R.Utah Supreme Court · 1919