Bennitt v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The court erred in overruling the defendant’s demurrer to the evidence and motion for a new trial. Coates v. Express Co., 45 Mo. • 241; Ryan v. Railroad, 65 Tex. 13; Railroad v. Railroad, 37 Fed. Rep. 571; Whiteworth v. Railroad, 87 N. Y. 417; Railroad v. Daniels, 32 Am. & Eng.
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Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The court erred in overruling the defendant’s demurrer to the evidence and motion for a new trial. Coates v. Express Co., 45 Mo. • 241; Ryan v. Railroad, 65 Tex. 13; Railroad v. Railroad, 37 Fed. Rep. 571; Whiteworth v. Railroad, 87 N. Y. 417; Railroad v. Daniels, 32 Am. & Eng. R. R. Cases, 480 ; Railroad v. Orate Co., 9 S. E. Rep. 600; Welsh v. Railroad, 41 Conn. 333 ; Stanley v. Railroad, 100 Mo. 438; Railroad v. Parle, 1 Tex. App. (White & Wilson’s Civil Cases) secs. 332, 335 ; Railroad v. Harris, 1 Tex. App.…
1Opinion of the CourtThompson, J.
This was an action for damages, predicated upon the common-law liability of the defendant as a common carrier, for the destruction by fire of thirty-nine bales of cotton committed to the defendant for transportation as such carrier. The case was tried before the court sitting as a jury, and there was a finding and judgment for the plaintiff, from which the defendant prosecutes this appeal.
The cotton which was destroyed was a part of two different consignments, which were received by the defendant under contracts of carriage hereafter set out, the only difference between the contracts in the…
2Cases cited14 opinions
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Snider v. Adams Express Co.Supreme Court of Missouri · 1876
- Goold v. . ChapinNew York Court of Appeals · 1859
- Hooper v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- McDonald v. . Western Railroad CorporationNew York Court of Appeals · 1866
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3Cited by3 opinions
- Cohen v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1907
- Larimore v. Chicago & Alton RailroadMissouri Court of Appeals · 1896
- Village of Grandview v. McElroyMissouri Court of Appeals · 1928