Meyers v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Thomas H. Shoehorn,, Special Judge. (1) ’ The court erred in permitting plaintiff to dismiss as to the co-defendant St. Joe & Grand Island Railway Company. The suit was to recover on an alleged joint contract. Plaintiff having brought both defendants into court, either was entitled to contribution from the other, on motion in that suit.
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Appeal from Jackson Circuit Court. — Hon. Thomas H. Shoehorn,, Special Judge. (1) ’ The court erred in permitting plaintiff to dismiss as to the co-defendant St. Joe & Grand Island Railway Company. The suit was to recover on an alleged joint contract. Plaintiff having brought both defendants into court, either was entitled to contribution from the other, on motion in that suit. (2) The court erred in overruling the demurrer to the evidence and in submitting the case to the jury. There was no proof of any joint undertaking, and the bill of lading introduced in evidence did not tend to sustain…
1Opinion of the CourtJohnson, J.
This action was brought against the Missouri, Kansas & Texas Railway Company and the St. Joseph & Grand Island Railway Company to recover the value of a box of household goods lost in transportation. Before the case was tried the Grand Island Company was dismissed at the instance of plaintiff, and the cause proceeded against the remaining defendant, resulting in a judgment for plaintiff in the sum of $175, from which defendant appealed.
On June 25, 1903, the Grand Island Company, a common carrier, received from plaintiff at its station at Fairbury, Nebraska, a shipment of household goods (in…
2Cases cited18 opinions
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Kellerman v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1896
- Ward v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1900
- Marshall & Michel Grain Co. v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1903
- Halliday v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1881
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- McElvain v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Otrich v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1911
- Cook, Kerr & Barnard v. PiattMissouri Court of Appeals · 1907
- Laumeier v. DolphMissouri Court of Appeals · 1913
- Central American Steamship Co. v. Mobile & Ohio RailroadMissouri Court of Appeals · 1910
4 more not listed; retrieve them via the Exa API.