Fulbright v. Wabash Railroad
Missouri Court of Appeals
Appeal from Chariton Circuit Court. — Ho». John P. Butler, Judge. (1) The contract of shipment in this case is valid and precludes a recovery in this action. (2) As to burden of proof. Whitting v. Railroad, 101 M'o. 640. (3) As to validity of contract. Wyrick v. Railroad, 74 Mo. App. 416 to 419. (4) The court gave erroneous instructions at the plaintiff’s request, and of its own motion.
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Appeal from Chariton Circuit Court. — Ho». John P. Butler, Judge. (1) The contract of shipment in this case is valid and precludes a recovery in this action. (2) As to burden of proof. Whitting v. Railroad, 101 M'o. 640. (3) As to validity of contract. Wyrick v. Railroad, 74 Mo. App. 416 to 419. (4) The court gave erroneous instructions at the plaintiff’s request, and of its own motion. See authorities cited under point 1, supra; Ely v. Railroad, 77 Mo1. 34; Perry v. Railroad, 89 Mo1. App. 49. (5) The.court refused proper instructions asked by defendant. Authorities cited, supra. (1) The…
1Opinion of the Court
BROADDUS, P. J. —
This is a suit against defendant as a common carrier for damages occasioned by its delay in the transportation of cattle. The cattle were loaded at Sumner, at about five o’clock p. m., August 7th, to be shipped to Kansas City, Missouri. According to the usual schedule time, they should have arrived at their destination not later than eight o’clock on the morning of August 8th, in time for the market of that day. They did not arrive, however, until about eleven o;clock and practically too late for the market of that day. They were sold on the market of the next day. There was…
2Cases cited1 opinion
- Botts v. Wabash RailroadMissouri Court of Appeals · 1904
3Cited by4 opinions
- Bushnell v. Wabash RailroadMissouri Court of Appeals · 1906
- Gilbert v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1908
- Hunt v. St. Louis Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1915
- Wyatt v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1913