Cunningham v. Wabash Railroad
Missouri Court of Appeals
Appeal from Audrain Circuit Court.— Hon. James D. Barnett, Judge. (1) The petition improperly joins a canse of action ex contractu and a canse of action ex delicto, and the court erred in overruling defendant’s demurrer, defendant’s objection to the introduction of any evidence, the motion for new trial, and motion in arrest of judgment, raising this objection. Pipe Co. v. Eailroad, 137 Mo. App. 479; Barnes v. Eailroad, 119 Mo.
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Appeal from Audrain Circuit Court.— Hon. James D. Barnett, Judge. (1) The petition improperly joins a canse of action ex contractu and a canse of action ex delicto, and the court erred in overruling defendant’s demurrer, defendant’s objection to the introduction of any evidence, the motion for new trial, and motion in arrest of judgment, raising this objection. Pipe Co. v. Eailroad, 137 Mo. App. 479; Barnes v. Eailroad, 119 Mo. App. 303; The Southworth Co. v. Lamb, 82 Mo. 242. (2) The court erred in refusing to direct a verdict for the defendant at the close of the evidence for the plaintiff,…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiffs through defendant’s negligence with *279respect to the shipment of a carload of horses which it had for the purpose of transportation. Plaintiffs recovered and defendant prosecutes the appeal.
In February, 1910-, plaintiffs shipped nineteen head of horses over defendant’s railroad from Des Moines, Iowa, to Mexico, Missouri. The horses arrived at Mexico on the morning of February 22, about 6:30 o’clock, and upon their arrival it was discovered that three of them had been seriously injured. The evidence tends to prove the horses were sound and in good…
2Cases cited13 opinions
- Whelan v. ReillySupreme Court of Missouri · 1876
- Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
- Hof v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Libby v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1909
- Stephenson v. KilpatrickSupreme Court of Missouri · 1901
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3Cited by12 opinions
- Farm and Home Savings and Loan Assn. v. StubbsMissouri Court of Appeals · 1936
- Robinson v. BushMissouri Court of Appeals · 1918
- Citizens State Bank of Nevada v. WalesMissouri Court of Appeals · 1971
- Colley v. CoxMissouri Court of Appeals · 1954
- Morrow France v. Wabash Railway Co.Missouri Court of Appeals · 1924
7 more not listed; retrieve them via the Exa API.