Legal Opinion

Gillespie v. Louisville & Nashville Railroad

Missouri Court of Appeals

Decided June 6, 1910PublishedCited by 4 opinions

Appeal from the Circuit Court of St. Louis City. — Eon. Walter B. Douglas, Judge. (1) Where a carrier undertakes to transport live stock it, as well as the connecting carriers, are liable for damages resulting from unreasonable delay. Clark y. Railroad, 55 Mo. 167; Patterson y. Railroad, 79 Mo. 296; Tucker y. Railroad, 50 Mo. 385; Griffin v. Railroad, 115 Mo. App. 549; Ratliff v. Railroad, 118 Mo. App. 644; Smith v. Railroad, 112 Mo.

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Appeal from the Circuit Court of St. Louis City. — Eon. Walter B. Douglas, Judge. (1) Where a carrier undertakes to transport live stock it, as well as the connecting carriers, are liable for damages resulting from unreasonable delay. Clark y. Railroad, 55 Mo. 167; Patterson y. Railroad, 79 Mo. 296; Tucker y. Railroad, 50 Mo. 385; Griffin v. Railroad, 115 Mo. App. 549; Ratliff v. Railroad, 118 Mo. App. 644; Smith v. Railroad, 112 Mo. App. 610. (2) Proof of delay throws upon the carrier the duty of accounting for same, or showing it was not due to negligence. Levering y. Railroad, 42 Mo. 88;…

1Opinion of the CourtGray, J.

Plaintiffs allege in their petition that, they were a co-partnership doing business under the firm name and style of J. H. Gillespie and Sons, and that the defendants were railroad corporations; that on the 21st day of February, 1903, they shipped via the respondent, Louisville & Nashville Railroad Company, from Columbia, Tenn., to Kansas City, Mo., fourteen jacks and one horse; that said stock, while being shipped, passed into the control of the respondents, Terminal Railroad Association of St. Louis, and the' Wabash Railroad Company; that by reason of the combined and joint negligence of…

2Cases cited2 opinions

  1. Hoepper v. Southern Hotel Co.Supreme Court of Missouri · 1898
  2. Doner v. IngramMissouri Court of Appeals · 1906

3Cited by4 opinions

  1. Lay v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1911
  2. Holman v. E. E. Souther Iron Co.Missouri Court of Appeals · 1911
  3. Chicago, Indianapolis & Louisville Railroad v. BlankenshipIndiana Court of Appeals · 1920
  4. Argenbright v. St. Louis & San Francisco Railway Co.Missouri Court of Appeals · 1924

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