R. E. Funsten Dried Fruit & Nut Co. v. Toledo, St. Louis & Western Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Row. William B. Biomer, Judge. (1) The ground of plaintiff’s action is negligent delay. There was no evidence to sustain that ground. Conceding that there was evidence of delay in the transportation, there was no evidence that such delay was caused by negligence, and for aught that appears in the record the delay may have been unavoidable.
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Appeal from St. Louis City Circuit Court. — Row. William B. Biomer, Judge. (1) The ground of plaintiff’s action is negligent delay. There was no evidence to sustain that ground. Conceding that there was evidence of delay in the transportation, there was no evidence that such delay was caused by negligence, and for aught that appears in the record the delay may have been unavoidable. Negligence is not shown by mere proof of delay; there must be something more, and the burden is on the plaintiff. Decker v. Railroad, 149 Mo. -App. 534; •Otrich v. Railroad, 134 S. W. 665; Clark v. Railroad, 138…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff on account of the negligence of defendant and its associates, who are engaged in the prosecution of the calling of a common carrier under the name of the Traders’ Dispatch. Plaintiff recovered and defendant prosecutes the appeal.
It appears the Lehigh Valley Railroad Company, the Chicago & Alton Railroad Company, the New York, Chicago & St. Louis Railway Company and defendant, Toledo, St. Louis & Western Railroad Company and the Terminal Railroad Ass’n of St. Louis are associated together as a common carrier in the name of the Traders’ Dispatch,…
2Cases cited16 opinions
- Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
- Rogan v. Wabash Railway Co.Missouri Court of Appeals · 1892
- Gratiot Street Warehouse Co. v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1907
- Libby v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1909
- Bushnell v. Wabash RailroadMissouri Court of Appeals · 1906
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Cudahy Packing Co. v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1916
- Cunningham v. Wabash RailroadMissouri Court of Appeals · 1912
- Cudahy Packing Co. v. BixbyMissouri Court of Appeals · 1918
- Hurley v. Ill. Cent. R.R. Co.Missouri Court of Appeals · 1926
- Hurley v. Illinois Central RailroadMissouri Court of Appeals · 1926
1 more not listed; retrieve them via the Exa API.