Decker v. Missouri PacifiC Railway Co.
Missouri Court of Appeals
Appeal from Bates Circuit Court. — Hon. G. A. Denton, Judge. (1) Proof of delay in the transportation of live stock, unaccompanied by proof that it was caused by negligence, does not prove the negligence of the carrier. Clark et al. y. Railroad, 122 S. W. Rep. 318; Standard Milling Co. y. Transit Co., 122 Mo. 258. (2) A shipper, suing a carrier for delay in transporting live stock, has the burden of proving that the delay was caused by the negligence of the carrier.
Read the full summary
Appeal from Bates Circuit Court. — Hon. G. A. Denton, Judge. (1) Proof of delay in the transportation of live stock, unaccompanied by proof that it was caused by negligence, does not prove the negligence of the carrier. Clark et al. y. Railroad, 122 S. W. Rep. 318; Standard Milling Co. y. Transit Co., 122 Mo. 258. (2) A shipper, suing a carrier for delay in transporting live stock, has the burden of proving that the delay was caused by the negligence of the carrier. Wright v. Railroad, 118 Mo. App. 392; Wernick y. Railroad, 131 Mo. App. 37; Ecton v. Railroad, 125 Mo. App. 223. (3)…
1Opinion of the CourtJohnson, J.
Plaintiff, a live stock shipper, sued defendant, a common carrier, for damages to 172 hogs shipped from Butler, Missouri, to the stockyards at East St. Louis. Plaintiff delivered the hogs to defendant at Butler in the morning of October 23, 1903, and in the usual course of transportation, they should have been at the stockyards in East St. Louis the next day in time for the early morning market. Prom some cause or causes not disclosed, there was a long delay in the transportation and the hogs did not reach the stockyards until about nine o’clock p. m. October 25th, too late for any earlier…
2Cases cited7 opinions
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- Burnell v. . the New York Central R.R. Co.New York Court of Appeals · 1871
- Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
- Magnin v. . DinsmoreNew York Court of Appeals · 1874
- Adams Express Co. v. WalkerCourt of Appeals of Kentucky · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Lay v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1911
- Gregory v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1913
- Ridgeway v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1912
- Sikes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1915