D. Klass Commission Co. v. Wabash Railroad
Missouri Court of Appeals
Appeal from the Boone Circuit Court. — Hon. J. A. Hockaday, Judge. (1) Upon the undisputed facts in the case the judgment should have been for the defendant. Eirst, because tbe defendant was not responsible, either at common law or under the contract of shipment for the delay occasioned by circumstances wholly outside of its duty, as well as beyond its control.
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Appeal from the Boone Circuit Court. — Hon. J. A. Hockaday, Judge. (1) Upon the undisputed facts in the case the judgment should have been for the defendant. Eirst, because tbe defendant was not responsible, either at common law or under the contract of shipment for the delay occasioned by circumstances wholly outside of its duty, as well as beyond its control. Balletine v. Railway, 40 Mo. 500; Francis v. Transfer Co., 5 Mo., App. 7; Pruitt v. Railroad, 62 Mo. 527. Second, the measure of damages here sued for is not recoverable in this action, as the terms of the bills of lading preclude it,…
1Opinion of the CourtGill, J.
This is an action in two counts for damages arising from defendant’s failure to carry and deliver in proper season two car loads of clover seed which plaintiff in September, 1897, shipped over defendant’s road from Columbia, Missouri, to Toledo, Ohio. One car load was shipped from Columbia on September 6, and the other September 16. Both arrived at Toledo in due season, but the cars were kept on a sidetrack in defendant’s freight yards — one about twenty days and the other two weeks — before being unloaded and delivered' at defendant’s freight depot or warehouse. During this delay in…
2Cases cited8 opinions
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- Gashweiler v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- Leonard v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1893
- Ashenbroedel Club v. FinlayMissouri Court of Appeals · 1893
- Buddy v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Morrow v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1909
- Libby v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1909
- Wells v. AdamsMissouri Court of Appeals · 1901
- Jones v. ThompsonSupreme Court of Missouri · 1950
- Smith v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1905
14 more not listed; retrieve them via the Exa API.