Lackland v. Chicago & Alton Railway Co.
Missouri Court of Appeals
Appeal from Audrain. Circuit Court . — Hon. E. M. Hughes, Judge. STATEMENT. The contested cause of action in plaintiff’s petition upon which a trial before a jury resulted in a verdict for respondent, abridged, was as follows: That it was the duty of the defendant, as a common carrier of live stock, to provide and maintain safe and suitable pens at shipping points along its railway, in which to receive and safely keep live stock tendered for shipment; that on June 9, 1902,…
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Appeal from Audrain. Circuit Court . — Hon. E. M. Hughes, Judge. STATEMENT. The contested cause of action in plaintiff’s petition upon which a trial before a jury resulted in a verdict for respondent, abridged, was as follows: That it was the duty of the defendant, as a common carrier of live stock, to provide and maintain safe and suitable pens at shipping points along its railway, in which to receive and safely keep live stock tendered for shipment; that on June 9, 1902, plaintiff arranged with defendant’s agent to ship eighty-two fat hogs on June 10,1902, from Mexico, Missouri, to National…
1Opinion of the CourtReyburn, J.
-The principal contentions on behalf of appellant are, that the legal duty resting upon defendant extended no farther than to provide pens or yards for the purpose of holding the stock, and preventing escape pending shipment preparatory to loading for transportation, and that it was under no obligation to furnish shade and shelter or otherwise protect or care for the stock while in the yards awaiting shipment. It was as much the duty of the defendant to establish and maintain a safe receptacle for the receipt'and preservation of live stock awaiting shipment on defendant’s railroad, as it was…
2Cases cited13 opinions
- Covington Stock-Yards Co. v. KeithSupreme Court of the United States · 1891
- Pruitt v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1876
- State v. DavidSupreme Court of Missouri · 1895
- State v. ScottSupreme Court of Missouri · 1891
- Britton v. City of St. LouisSupreme Court of Missouri · 1894
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Abell v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1917
- Carpenter v. BurmeisterMissouri Court of Appeals · 1925
- Holland v. Chicago Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1909
- Wilson v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1907
- Gray v. Doe Run Lead Co.Supreme Court of Missouri · 1932
6 more not listed; retrieve them via the Exa API.