Gann v. Chicago Great Western Railway Co.
Missouri Court of Appeals
Appeal from the Platte Circuit Court. — Hon. W. S. Herndon, Judge. (1) In the common law action for negligence, if the shipment went through on the first train,- this was a sufficient performance of duty. Smith v. B. B., 18 S. E. Rep. 977; and if in such a case the train be delayed by an unavoidable wreck on the road, there is no liability because there is no negligence. Hutchinson, Carriers [2 Ed.], secs. 328, 330; B. B. v. Arnold, 40 S. W. Rep.
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Appeal from the Platte Circuit Court. — Hon. W. S. Herndon, Judge. (1) In the common law action for negligence, if the shipment went through on the first train,- this was a sufficient performance of duty. Smith v. B. B., 18 S. E. Rep. 977; and if in such a case the train be delayed by an unavoidable wreck on the road, there is no liability because there is no negligence. Hutchinson, Carriers [2 Ed.], secs. 328, 330; B. B. v. Arnold, 40 S. W. Rep. (Tex.) 829; B. B. v. Sherwood, 31 N. E. Rep. (Ind.) 781; 4 Elliott on Railroads, 1549; Garrison v. Trans. Go., 94 Mo. 130, 138; Waldhier v. B. B.,…
1Opinion of the CourtSmith, P. J.
*37Statement *36This cause was here on a former occasion and is reported in 65 Mo. App. 670. By *37reference to the report of the case there to be found, it will be seen that it is an action by plaintiff against defendant to recover damages on a verbal contract whereby the latter agreed to furnish the former two cars to be loaded with cattle and by such latter placed in transit at 1 o’clock p. m. of March 8, f 1894. The judgment was on the former appeal reversed and cause remanded because the evidence contained in the record fell short of proving the agreement alleged in the plaintiff’s statement. The…
2Cases cited8 opinions
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Pruitt v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1876
- Leonard v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1893
- Miller v. Chicago & Alton RailroadMissouri Court of Appeals · 1895
- Wilson & Aull v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Baker v. St. Paul Fire & Marine Insurance CompanyMissouri Court of Appeals · 1968
- Fountain v. Wabash RailroadMissouri Court of Appeals · 1905
- Sloop v. Wabash RailroadMissouri Court of Appeals · 1902
- Meriwether v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1908
- Helm v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1903
3 more not listed; retrieve them via the Exa API.