Crawford v. Cashman & Son
Missouri Court of Appeals
Error to the Pettis Circuit Court. — Hon. George F. Longan, Judge. (1) Plaintiff’s instruction numbered 3 was erroneous and at war with the law fixing the liability of agisters: The law which governs in this case is: The defendants made out a -prima facie case of negligence by proving a delivery of the cattle in good condition and failure of plaintiff to redeliver on demand. Rayl v.'Kreilich, 74 Mo. App. 246; Casey v. Donovan, 75 Mo. App. 665; Hadley v. Orchard, 77 Mo.
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Error to the Pettis Circuit Court. — Hon. George F. Longan, Judge. (1) Plaintiff’s instruction numbered 3 was erroneous and at war with the law fixing the liability of agisters: The law which governs in this case is: The defendants made out a -prima facie case of negligence by proving a delivery of the cattle in good condition and failure of plaintiff to redeliver on demand. Rayl v.'Kreilich, 74 Mo. App. 246; Casey v. Donovan, 75 Mo. App. 665; Hadley v. Orchard, 77 Mo. App. 141; Oasey v. Donovan, 65 Mo. App. 521; Mason v. Stock Yards Oo., 60 Mo. App. 93; Thompson v. Railway, 59 Mo. App. 37;…
1Opinion of the CourtGrILL, J.
This is a suit to recover for the contract price of pasturing cattle. The petition in effect alleges that plaintiff took forty head of defendants’ cattle under contract to *557graze them in the summer of 1897, at at the rate of sixty-five cents a head per month; that one of the cattle was killed by lightning while they were in the pasture, but that the remaining thirty-nine head were grazed from May 1 to August 23, 1897, when they were removed by defendants. The answer admits the contract for pasturing, but alleges that plaintiff was to receive therefor only sixty cents a head per month. In…
2Cases cited5 opinions
- Wiser v. ChesleySupreme Court of Missouri · 1873
- Arnot v. BranconierMissouri Court of Appeals · 1883
- Casey v. DonovanMissouri Court of Appeals · 1896
- Rey v. ToneySupreme Court of Missouri · 1857
- Cummings v. MastinMissouri Court of Appeals · 1891
3Cited by4 opinions
- Smith v. MaherSupreme Court of Oklahoma · 1921
- Thummel v. KrewsonMissouri Court of Appeals · 1989
- Cox v. ChaseSupreme Court of Kansas · 1915
- Right Way Laundry v. DavisSupreme Court of Oklahoma · 1924