Pinkerton v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Barton Circuit Court. — Now. E. O. Timmonds, Judge. (1) The failure to ship the goods on the 23d was not the proximate cause of the injury complained of. The flood itself supervened and stood as the independent proximate cause of such injury. The court should therefore have given defendant’s instructions numbered 2. Com. Co. v. Railway, 88 S. W. 117, 113 Mo. App. 544; Grier v. Railway, 108 M'o. App. 565; Herbert v. Wiggins F. Co., 107 Mo.
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Appeal from Barton Circuit Court. — Now. E. O. Timmonds, Judge. (1) The failure to ship the goods on the 23d was not the proximate cause of the injury complained of. The flood itself supervened and stood as the independent proximate cause of such injury. The court should therefore have given defendant’s instructions numbered 2. Com. Co. v. Railway, 88 S. W. 117, 113 Mo. App. 544; Grier v. Railway, 108 M'o. App. 565; Herbert v. Wiggins F. Co., 107 Mo. App. 298; Fuller v. Railroad, 106 Mo. App. 394-5-6, 1. c.; Saxton v. Railway, 98 Mo. App. 501, 1. c.; Logan v. Railway, 96 Mo. App. 461;…
1Opinion of the CourtEllison, J.
The plaintiff shipped a lot of household goods over the defendant’s road from Hannon, Missouri, a point south of Kansas City, destined for Polo in the same State. He charges that they were damaged and lost by defendant in negligently delaying them and carelessly and negligently handling them. Defendant sought to excuse itself by showing that the property was lost in an extraordinary and unprecedented flood. The judgment in the trial court was for plaintiff.
The property was partly lost and the remainder damaged at Kansas City, Missouri, in the great flood at that point in the latter part of…
2Cases cited8 opinions
- Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
- Holwerson v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1900
- Read v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1875
- Davis v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1886
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3Cited by10 opinions
- Seaboard Air Line Railway v. MullinSupreme Court of Florida · 1915
- Farr Co. v. Union Pac. R. Co.Court of Appeals for the Tenth Circuit · 1939
- Fentiman v. Atchison, Topeka & Santa Fe Railway Co.Court of Appeals of Texas · 1906
- Lamar Manufacturing Co. v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1906
- Lightfoot & Son v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1907
5 more not listed; retrieve them via the Exa API.