Cowherd v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Barry Circuit Court.— Hon. F. C. Johnston, Judge. (1) Ordinarily the measure of damages for delay to a shipment is the difference in the market value of the commodity shipped at destination at the time the shipment should have reached destination and at the time it actually did reach destination. Glasscock v. Railroad, 69 Mo. 588; Armstrong v. Railroad, 17 Mo. App. 403; Wilson & Aull v. Railroad, 66 Mo. App. 396; Gann v. Railroad, 72 Mo.
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Appeal from Barry Circuit Court.— Hon. F. C. Johnston, Judge. (1) Ordinarily the measure of damages for delay to a shipment is the difference in the market value of the commodity shipped at destination at the time the shipment should have reached destination and at the time it actually did reach destination. Glasscock v. Railroad, 69 Mo. 588; Armstrong v. Railroad, 17 Mo. App. 403; Wilson & Aull v. Railroad, 66 Mo. App. 396; Gann v. Railroad, 72 Mo. App. 40; Perry v. Railroad, 89 Mo. App. 49; Sloop v. Railroad, 93 Mo. App'. 610. (2) The court erred in giving plaintiff’s instruction number 1,…
1Opinion of the CourtGray, J.
This suit was instituted in the circuit, court of Barry county, and tried March 25, 1910. It is a suit to recover damages which plaintiff claims he sustained on account of the failure of the defendant te transport a part of a carload of strawberries from *4Butterfield, Missouri, to Monett, Missouri, and to reset said car at strawberry loading sbeds at the latter city. Tlie case was tried before a jury, resulting in a verdict in favor of tlie plaintiff in tlie sum of $147.50, and from which the defendant has appealed to this court.
There is no dispute about the facts. The plaintiff ■with a number…
2Cases cited9 opinions
- Cross v. GouldMissouri Court of Appeals · 1908
- Bragg v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- State v. PriestSupreme Court of Missouri · 1908
- McKinstry v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Bradner v. Rockdale Powder Co.Missouri Court of Appeals · 1905
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3Cited by1 opinion
- Wichita Falls & N. W. Ry. Co. v. D. Cawley Co.Supreme Court of Oklahoma · 1918