George v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Mercer Circuit Court. — Hon. Paris C. Stepp, Judge. (1) The court,' at the conclusion of the evidence, should have given defendant’s instruction in the nature of a demurrer to the evidence. The plaintiff’s own evidence shows that the loss, if any, occurred by reason of one of the excepted perils mentioned in the contract of shipment; and there being no evidence of any negligence on the part of defendant, plaintiff can not recover.
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Appeal from the Mercer Circuit Court. — Hon. Paris C. Stepp, Judge. (1) The court,' at the conclusion of the evidence, should have given defendant’s instruction in the nature of a demurrer to the evidence. The plaintiff’s own evidence shows that the loss, if any, occurred by reason of one of the excepted perils mentioned in the contract of shipment; and there being no evidence of any negligence on the part of defendant, plaintiff can not recover. Davis v. 'Railroad, 89 Mo. 340, 350, 351; Railroad v. Reeves, 10 Wall. 176, 189,190; Transportation Co. v. Downer, 11 Wall. 129; Witting v.…
1Opinion of the CourtSmith, P. J.
— This was an action ex delicto brought before a justice of the peace by the plaintiff against the defendant for a breach of the duties of a common carrier imposed upon it by the common law in that the plaintiff had intrusted to the defendant at Mercer, in this state, one hundred and one head of beef steers *362which it agreed to deliver at the Union Stock Yards at Chicago, in the state of Illinois, and that the defendant failed to so deliver two head of said steers, etc.
The defendant relied upon, as a defense, the bill of lading under which the steers were shipped. It was introduced in evidence…
2Cases cited10 opinions
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
- Read v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1875
- Davis v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1886
- Clark v. St. Louis, Kansas City, & Northern Railway Co.Supreme Court of Missouri · 1877
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3Cited by1 opinion
- American Central Insurance v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1898