Vail v. Pacific Railroad
Supreme Court of Missouri
Appeal from, Jackson Circuit Court. cited : Winters vs. Hann. & St. Jo. R. R. Co., 39 Mo. 468 (latter part of opinion); Sparr & Green vs. Wellman, 11 Mo. 230 ; Ñemark vs. Liverpool & London Eire and Life Ins. Co., 30 Mo. 160. cited: Hill vs. Sturgeon, '28 Mo. 323 ; Wolf vs. The Am. Exp. Co., 43 Mo. 421; Morrisey vs. Wiggins Ferry Co., 43 Mo. 385.
1Opinion of the CourtWagner, Judge
This was an action to recover damages from the defendant ou account of the loss, by freezing, of certain trees, which, it was alleged, occurred by reason of defendant’s negligence and delay in not transporting them as it was its duty to do.
The evidence tended to show that defendant received one thousand peach trees and fourteen pear trees at Lee’s Summit, to be shipped to plaintiff at Independence, a distance of from twelve to fourteen miles. They were loaded on defendant’s cars on Friday in the afternoon, and there were-three freight trains per day, one at 10 A. M., one at 5.33 p. M., and…
2Cited by8 opinions
- Allen v. MansfieldSupreme Court of Missouri · 1891
- Colsch v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1910
- W. H. Blodget Co. v. New York Central RailroadMassachusetts Supreme Judicial Court · 1927
- Robinson v. BushMissouri Court of Appeals · 1918
- Clemons Produce Co. v. Denver & Rio Grande RailroadMissouri Court of Appeals · 1920
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