Hall & Robinson v. Wabash Railroad
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. E. L. Soarritt, Judge. (1) Section 6345 of the statute is as follows: “The same cause of action, and no other, that was tried before the justice, shall be tried before the appellate court upon the appeal.” Evans v. Railway, 67 Mo.
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Appeal from the Jackson Circuit Court. — Hon. E. L. Soarritt, Judge. (1) Section 6345 of the statute is as follows: “The same cause of action, and no other, that was tried before the justice, shall be tried before the appellate court upon the appeal.” Evans v. Railway, 67 Mo. App. 257; R. S. 1889, sec. 6347; Dowdy v. Wamble, 110 Mo. 283; Scovill v. Glasner, 79 Mo. 449. (2) Upon the undisputed facts of this case the plaintiff was not entitled to recover, and the jury should have been so instructed. McCann v. Eddy, 133 Mo. 59; Halliday v. Railway, 74 Mo. 159; Coates v. Express Co., 45 Mo. 238;…
1Opinion of the Court
SMITH, P. J".
This is an action which was commenced before a justice of the peace.
Statement. The cause of action alleged in the original statement was that the defendant agreed to transport and deliver a certain car load of bran to East St. Louis, a station on its line in the state of Illinois, etc., and “that it neglected to carry and deliver said car to said station in East St. Louis,” etc., in accordance with its contract, etc.; that instead of complying with its contract it transported said car to its station at St. Louis in the state of Missouri, where the same was unloaded and placed in…
2Cases cited10 opinions
- State ex rel. Jones v. LaughlinSupreme Court of Missouri · 1881
- North v. Merchants & Miners' Transportation Co.Massachusetts Supreme Judicial Court · 1888
- James v. Kansas City, Pittsburg & Gulf RailroadMissouri Court of Appeals · 1897
- Straub v. EddyMissouri Court of Appeals · 1891
- Butterfield v. AshleyMassachusetts Supreme Judicial Court · 1850
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3Cited by1 opinion
- Leaman v. Campbell 66 Express Truck Lines, Inc.Supreme Court of Missouri · 1947