Guinn v. Wabash, St. Louis & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Schuyler Circuit Court, Hon. Andkew Ellison, Judge. Statement of case by the court. This is an action to recover damages against the tefendant — a railroad corporation — for delay in shipping M’tain hogs, the property of plaintiff.
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Appeal from Schuyler Circuit Court, Hon. Andkew Ellison, Judge. Statement of case by the court. This is an action to recover damages against the tefendant — a railroad corporation — for delay in shipping M’tain hogs, the property of plaintiff. The petition. after making the usual averments as to defendant’s office-as a common carrier, alleged that the defendant was engaged as such carrier in transporting freight and live stock between its station at Lancaster, Missouri, and the’ city of Chicago, in Illinois ; that on or about the twenty-fifth day of November, 1881, plaintiff directed the…
1Opinion of the CourtPhilips, P. J.
I. A reversal of this judgment is sought principally on the ground that the petition does not state facts sufficient to constitute a cause of action. It is-first objected that it is not averred that defendant had any knowledge that-plaintiff was shipping the stock for' sale in any particular market, nor that the contract was-made with reference to the fluctuations of the Chicago-live stock market, etc.
It is a sufficient answer to this branch of the case to say that no recovery was had on account of this fluctuation and consequent loss to plaintiff, as by the first instruction given by the…
2Cases cited2 opinions
- Pruitt v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1876
- Powhatan Steamboat Co. v. Appomattox RailroadSupreme Court of the United States · 1861
3Cited by9 opinions
- Missouri, Kansas & Texas Railway Co. v. Stark Grain Co.Texas Supreme Court · 1910
- Ayres v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Pulitzer Publishing Co. v. McNicholsMissouri Court of Appeals · 1913
- Wilson & Aull v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1896
- McNeer, Talbott & Johnson v. C. & O. Ry. Co.West Virginia Supreme Court · 1915
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