Creel v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. John G. Park, Judge. (1) The court committed error in not permitting defendant to put in evidence the contract under which the horse was shipped. Oi’Bryan v. Kinney, 74 Mo. 125; Railroad v. Cleary, 77 Mo. 634; Rice v. Railroad, 63 Mo. 314; Kellerman v. Railway, 136 Mo. 177.(2) Delivery is completed by the acceptance by the owner or consignee of the goods before they are unloaded.
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Appeal from Jackson Circuit Court. — Hon. John G. Park, Judge. (1) The court committed error in not permitting defendant to put in evidence the contract under which the horse was shipped. Oi’Bryan v. Kinney, 74 Mo. 125; Railroad v. Cleary, 77 Mo. 634; Rice v. Railroad, 63 Mo. 314; Kellerman v. Railway, 136 Mo. 177.(2) Delivery is completed by the acceptance by the owner or consignee of the goods before they are unloaded. If the owner or consignee voluntarily undertakes to unload goods, he becomes responsible for any loss or injury incurred during the work of unloading, even though he-has the…
1Opinion of the CourtJohnson, J.
— Plaintiff bought a horse valued at $250 at Marshall and had it shipped to him over defendant’s railroad to Kansas City. The animal was injured while being taken from the car and this suit is for the recovery of the damages resulting to plaintiff from the injury.
The petition On which the cause was tried is in two counts. In the first, the cause of action stated is the failure of a common carrier to discharge its common law duty to transport the property received for shipment and to deliver it in good condition to the consignee at its destination. In the second count, the cause pleaded is the…
2Cases cited4 opinions
- George v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1908
- Merritt Creamery Co. v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1908
- Loveland v. BurkeMassachusetts Supreme Judicial Court · 1876
- Ficklin v. Wabash RailroadMissouri Court of Appeals · 1906
3Cited by3 opinions
- Leas v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1911
- Van Buskirk v. Quincy, Omaha & Kansas City Railway Co.Missouri Court of Appeals · 1910
- Henry Bromschwig Tailors' Trimming Co. v. Missouri , Kansas & Texas Railway Co.Missouri Court of Appeals · 1912