Shewalter v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Lafayette Circuit Court.'—lion. Bichard Field, Judge. (1) “The doctrine now is that any taking or assumption of the right to control or dispose of property constitutes a conversion. Any wrongful act which negatives or is inconsistent with the plaintiff’s rights is per se a conversion.” Allen v. McMonagle, 77 Mo. 478; Warnick v. Baker, 42 Mo. App. 439, 442, and list of authorities; Moore v. Simms, 47 Mo. App. 182; Norman v. Horn, 36 Mo.
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Appeal from the Lafayette Circuit Court.'—lion. Bichard Field, Judge. (1) “The doctrine now is that any taking or assumption of the right to control or dispose of property constitutes a conversion. Any wrongful act which negatives or is inconsistent with the plaintiff’s rights is per se a conversion.” Allen v. McMonagle, 77 Mo. 478; Warnick v. Baker, 42 Mo. App. 439, 442, and list of authorities; Moore v. Simms, 47 Mo. App. 182; Norman v. Horn, 36 Mo. App. 419, 422; Williams v. Wall, 60 Mo. 318, 321, 322; State to use of Wolff v. Berning, 74 Mo. 87; Bank v. Metcalf, 40 Mo. App. 494. (2) That…
1Opinion of the CourtSmith, P. J.
The facts which the evidence tends to prove may be stated in this way:
The Missouri, Kansas & Texas Railway Company operates a line of railway from the city of Houston, in the state of Texas, to the city of Sedalia, in this state. It has no line between the lást named city and the city of Lexington, also a city in this state. The defendant operates a railroad from Sedalia to Lexington. The plaintiff entered into a contract of affreightment with the Missouri, Kansas & Texas Railway to carry a mare and three colts from the said city of Houston to the city of Lexington, paying the freight charges…
2Cases cited15 opinions
- Nanson v. JacobSupreme Court of Missouri · 1887
- Fitzgerald v. HaywardSupreme Court of Missouri · 1872
- Clark v. HammerleSupreme Court of Missouri · 1858
- Halliday v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1881
- Coates v. United States Express Co.Supreme Court of Missouri · 1870
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Robert C. White Live Stock Commission Co. v. Chicago, Milwaukee & St. Paul RailroadMissouri Court of Appeals · 1901
- Meyers v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1906
- Berry Coal & Coke Co. v. Chicago, Peoria & St. Louis Railway Co.Missouri Court of Appeals · 1906
- People's State Savings Bank v. Missouri, Kansas & Texas RailwayMissouri Court of Appeals · 1911
- R. E. Funsten Dried Fruit & Nut Co. v. Toledo, St. Louis & Western RailroadMissouri Court of Appeals · 1912
5 more not listed; retrieve them via the Exa API.