Morrison Grain Co. v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Now. John I. Williamson, Special Judge. (1) The court erred in overruling the demurrer asked at the close of the plaintiff’s case. Bank of Monett v. Stone & Prickett, 93 Mo. App. 292; McCord v. Railroad, 21 Mo.
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Appeal from Jackson Circuit Court. — Now. John I. Williamson, Special Judge. (1) The court erred in overruling the demurrer asked at the close of the plaintiff’s case. Bank of Monett v. Stone & Prickett, 93 Mo. App. 292; McCord v. Railroad, 21 Mo. App. 95; Cobble v. McDaniel, 33 Mo. 363; Darrett v. Donnelly, 38 Mo. 492; Adams v. Trigg, 37 Mo. 141; Beben v. Transit Co., 186 Mo. 439. (2) Tbe plaintiff’s petition combined a cause of action ex delicto with one ex contractu, and tbe same cannot be joined under tbe code. Pruitt v. Warren, 71 Mo. App. 84; Sumner v. Rogers, 90 Mo. 324; O’Reilly v.…
1Opinion of the CourtTrimble, J.
Originally the petition in this case was in two counts. In both the plaintiff sought to recover damages for the loss of a carload of kaffir corn. The first count alleged a delivery of the corn to defendant as a common carrier for transportation, a failure to deliver same, and its loss to plaintiff. The second alleged that after defendant had placed a car in front of plaintiff’s elevator and the latter had loaded it with kaffir corn for transportation by defendant, and had left it within the 100-foot zone of the elevator covered by plaintiff’s insurance, defendant wrongfully moved it that…
2Cases cited9 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- White v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1907
- Mason v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- E. L. & R. R. R'y Co. v. HallTexas Supreme Court · 1885
- Vaughn v. TracySupreme Court of Missouri · 1856
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3Cited by4 opinions
- Dionne v. American Express Co.Supreme Court of Vermont · 1917
- Metals Refining Co. v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1940
- Mangelsdorf Seed Co. v. Missouri Pacific RailroadSupreme Court of Kansas · 1929
- Curtis Tire & Rubber Co. v. Goodrich Transit Co.Michigan Supreme Court · 1925