Letts v. Wabash Railroad
Missouri Court of Appeals
Appeal from Livingston Circuit Court. — Hon. Joshua W. Alexander, Judge. Statement. — This is a suit against the Wabash Railroad Company for damages, growing out of the shipment of a valuable trotting mare from Carrollton to Moberly on May 26, 1903. On that date plaintiff was the owner of the mare in question, “Hazel L.” He had her at Carrollton in charge of Joe O’Rourke, his trainer.
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Appeal from Livingston Circuit Court. — Hon. Joshua W. Alexander, Judge. Statement. — This is a suit against the Wabash Railroad Company for damages, growing out of the shipment of a valuable trotting mare from Carrollton to Moberly on May 26, 1903. On that date plaintiff was the owner of the mare in question, “Hazel L.” He had her at Carrollton in charge of Joe O’Rourke, his trainer. On that day O’Rourke shipped “Hazel L.” and four other horses that were in his charge from Carrollton to Moberly over defendant’s line of railroad, leaving Carrollton about 11 o’clock in the morning, and…
1Opinion of the CourtBroaddus, P. J.
(after stating the facts). — It was the duty of defendant under its contract of shipment to furnish a safe place for the unloading of plaintiff’s horses. [McCullough v. Railway, 34 Mo. App. 23; Cooke v. Railway, 57 Mo. App. 471; Kincaid v. Railway, 62 Mo. App. 365; Mason v. Railway, 25 Mo. App. 473; Tracy v. Railroad, 80 Mo. App. 381.] The principle that runs through all the cases is that it is *279the duty of the carrier to provide for the safety of animals while being loaded and unloaded. But we understand the defendant does not controvert the proposition that it was its duty to provide a safe…
2Cases cited16 opinions
- Mason v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- Wright v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1906
- Richardson v. Chicago & Alton RailroadMissouri Court of Appeals · 1895
- Maddox v. German Insurance Co.Missouri Court of Appeals · 1890
- Smith v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1905
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3Cited by2 opinions
- Orlann v. LaederichSupreme Court of Missouri · 1936
- The Henry S. GroveDistrict Court, W.D. Washington · 1923