Hurst v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Barry Circuit Court. — No». F. G. Johnston, Judge. (1) The rule in this State has been time and again stated to be, that if the pleader alleges specific acts of negligence as cause of the injury to himself or his property, he must prove the acts alleged,- else he will fail in his action. Galm v. Railway, 87 S. W. 1015; Farr v. Express Co., 100 Mo.
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Appeal from Barry Circuit Court. — No». F. G. Johnston, Judge. (1) The rule in this State has been time and again stated to be, that if the pleader alleges specific acts of negligence as cause of the injury to himself or his property, he must prove the acts alleged,- else he will fail in his action. Galm v. Railway, 87 S. W. 1015; Farr v. Express Co., 100 Mo. App. 574, 75 S. W. 183; Chitty v. Railroad, 148 Mo. 75, 49 S. W. 868; McManam.ee v. Railroad, 135 Mo. 447, 37 S. W. 119; Buffington v. Railroad, 64 Mo. 246; Waldhier v. Railroad, 71 M'o. 516; McCarty v. Rood Hotel Co., 144’Mo. 397, 46 S.…
1Opinion of the CourtGoode, J.
Plaintiff in three separate paragraphs in his petition declared on as many distinct causes of action. He is a dealer in apples at Washburn, Missouri, buying and shipping them to Texas and other points, and has been engaged in that business for twenty years. He is accustomed to make shipments to Texas over defendant’s railroad, usually loading at Washburn and Exeter.
Plaintiff’s first cause of action is founded on damage done to 170 barrels of apples shipped over defendant’s line from Exeter, Missouri, on October 28, 1902. In the bill of lading these apples were consigned to plaintiff at…
2Cases cited12 opinions
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
- Davis v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1886
- Hance v. Pacific Express Co.Missouri Court of Appeals · 1892
- Witting v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1887
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- New England Fruit & Produce Co. v. HinesSupreme Court of Connecticut · 1922
- Cudahy Packing Co. v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1916
- Connelly v. Illinois Central RailroadMissouri Court of Appeals · 1908
- Bockserman v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1912
- Dean v. Toledo, St. Louis & Western R. R.Missouri Court of Appeals · 1910
10 more not listed; retrieve them via the Exa API.