McAlister v. Chicago, Rock Island & Pacific Railroad
Supreme Court of Missouri
Error to JDeKalb Circuit Court. — Hon. Joseph P. Grubb, Judge. The defendant had no right to disregard the instructions of plaintiff by unloading and delaying the transporting of the cattle. 2 Redffeld on Railways, (5 Ed.) 15; Streeter v. Horlock, 7 Moore 283; s. c., 1 Bing. 34. Defendant forcibly unloaded the cattle and thus committed the offense for which the prosecution was instituted against plaintiff. Wag.
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Error to JDeKalb Circuit Court. — Hon. Joseph P. Grubb, Judge. The defendant had no right to disregard the instructions of plaintiff by unloading and delaying the transporting of the cattle. 2 Redffeld on Railways, (5 Ed.) 15; Streeter v. Horlock, 7 Moore 283; s. c., 1 Bing. 34. Defendant forcibly unloaded the cattle and thus committed the offense for which the prosecution was instituted against plaintiff. Wag. Stat., 251, §§ 1, 2. So that the loss of the cattle was the direct result of defendant’s wrongful act. The judgment under which the cattle were sold was void so far as it authorizes…
1Opinion of the CourtRay, J.
The petition, demurrer and judgment thereon constitute the record in this case The petition states that the defendant is a corporation, owning and operating a *355line of railroad in the States of Missouri and Iowa, which extends between the town of Cameron, in Missouri, and the town of Lineville, in Iowa; that the Hannibal & St. Joseph Railroad Company is also a corporation owning and operating aline of railroad extending between Kansas City, Missouri, and the said town of Cameron, at which last named point, the latter railroad connects with that of the defendant, forming with defendant’s said…
2Cases cited2 opinions
- Vicksburg & Meridian R. R. v. RagsdaleMississippi Supreme Court · 1872
- Clemens v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1873
3Cited by10 opinions
- Davis v. GrahamWyoming Supreme Court · 1924
- Southern Express Co. v. Sottile Bros.Supreme Court of Georgia · 1910
- Lowenstein & Thomas v. Wabash RailroadMissouri Court of Appeals · 1895
- Puritan Pharmaceutical Co. v. Pennsylvania RailroadMissouri Court of Appeals · 1934
- C.B. Q.R.R. Co. v. FowlerMissouri Court of Appeals · 1930
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