Stanley v. Wabash, St. Louis & Pacific Railway Co.
Supreme Court of Missouri
Appeal from, Macon Circuit Court.—Hon. Andrew Ellison, Judge. (1) The amended petition changed the cause of action, and should, therefore, have been stricken out. R. S. 1879, 'sec. 3567. (2) The statute relied, on for recovery has no extra territorial force, and does not apply to shipments from a point within to a point without the state of Missouri. Sess.
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Appeal from, Macon Circuit Court.—Hon. Andrew Ellison, Judge. (1) The amended petition changed the cause of action, and should, therefore, have been stricken out. R. S. 1879, 'sec. 3567. (2) The statute relied, on for recovery has no extra territorial force, and does not apply to shipments from a point within to a point without the state of Missouri. Sess. Acts, Mo. 1881, p. 83; Gilbreath v. Bunee, 65 Mo. 349; Vawter ®. Railroad, 84 Mo. 679, and cases cited in brief of appellant; Hyde v..Railroad, 61 Iowa, 441; 2 Rorer on Railroads, p. 1149, and cases cited; 3 Wood on Railway Law, sec. 411,…
1Opinion of the CourtSherwood, J.
The second count of the petition is as follows:
“2. Plaintiff, for another and further cause of action, states that the defendant, in shipping said sheep *437as aforesaid, placed and carried them in twelve single-decked cars, and failed and refused and neglected to furnish plaintiff with double-decked cars as it was its lawful duty to do, and the defendant in violation of the statute in such cases made and provided charged and collected of plaintiff for the carrying of said sheep from said La Plata, Missouri, to East St. Louis, Illinois, at'the rate of twenty-five dollars per car for twelve cars,…
2Cases cited6 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Welton v. MissouriSupreme Court of the United States · 1876
- Railroad Co. v. HusenSupreme Court of the United States · 1878
- Cooper Manufacturing Co. v. FergusonSupreme Court of the United States · 1885
- Hall v. DeCuirSupreme Court of the United States · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Boggess v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1893
- Southern Railway Co. v. CommonwealthSupreme Court of Virginia · 1908
- Logan v. FieldSupreme Court of Missouri · 1905
- Bigham v. McCall Service Stations, Inc.Missouri Court of Appeals · 1982
- Nenno v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1904
3 more not listed; retrieve them via the Exa API.