Legal Opinion

Atchison, T. & S. F. Ry. Co. v. Merchants' Live Stock Co.

Court of Appeals for the Eighth Circuit

Decided May 7, 1921No. 5654PublishedCited by 6 opinions

In Error to the District Court of the United States for the District of New Mexico; Colin Neblett, Judge. Action at law by the Merchants’ Live Stock Company against the Atchison, Topeka & Santa Fé Railway Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

LEWIS, District Judge.

The Merchants’ Live Stock Co. recovered a judgment against the Railway Co. as its damages to a shipment of 41 carloads of cows and calves from Avalon, N. Mex., to Kansas City, Mo. The cattle were driven in from the range 60 miles out in five days, held for a day in a nasture nearby, loaded into cars during the forenoon of October 25, 1917, left Avalon that afternoon and reached Kansas City on the morning of October 30th. Five calves and 66 cows in a total of 1,678 died in transit, or were left on the way as too weak to be reloaded, — some at Amarillo, the first unloading…

2Cases cited9 opinions

  1. Adams Express Company v. CroningerSupreme Court of the United States · 1912
  2. Norfolk Southern Railroad v. ChatmanSupreme Court of the United States · 1917
  3. Grieve v. Illinois Central Railway Co.Supreme Court of Iowa · 1898
  4. Cleve v. Chicago, Burlington & Quincy Railway Co.Nebraska Supreme Court · 1906
  5. Starr v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1919

4 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Diamond X Land & Cattle Co. v. Director General of RailroadsNew Mexico Supreme Court · 1921
  2. Morrow France v. Wabash Railway Co.Missouri Court of Appeals · 1924
  3. Atchison, T. & S. F. Ry. Co. v. Merchants' Live Stock Co.Court of Appeals for the Eighth Circuit · 1923
  4. Rarey v. McAdooNew Mexico Supreme Court · 1922
  5. Spence v. El Paso & S. W. Co.New Mexico Supreme Court · 1922

1 more not listed; retrieve them via the Exa API.

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