Bailey v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Morgan Circuit Court . — Hon. J. G. Slate, Judge. (1) Before plaintiffs can recover such special consequential damages as are claimed in this case, they must plead and prove that defendant, at the time of accepting the consignment in question, was notified of the special damages that might be anticipated at a result of delay. Dunne & Grace v. Railroad, 166 Mo. App. 375; Cowherd v. Railroad, 151 Mo. App. 7; Gray v. Railroad, 54 Mo.
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Appeal from Morgan Circuit Court . — Hon. J. G. Slate, Judge. (1) Before plaintiffs can recover such special consequential damages as are claimed in this case, they must plead and prove that defendant, at the time of accepting the consignment in question, was notified of the special damages that might be anticipated at a result of delay. Dunne & Grace v. Railroad, 166 Mo. App. 375; Cowherd v. Railroad, 151 Mo. App. 7; Gray v. Railroad, 54 Mo. App. 671; Steffen v. Railroad, 156 Mo. 335. (2) A reply which merely denies the “new matter” contained in defendant’s answer is no denial at all. Betz…
1Opinion of the CourtJohnson, J.
Plaintiffs sued to recover damages resulting' to them from an alleged negligent delay in the transportation of two carloads of apple barrels which defendant received at Kansas City and undertook to carry to Versailles, Missouri, and there to deliver to plaintiffs, the consignees.
*460The barrels were purchased by plaintiffs from a manufacturer in Kansas City, Kansas, and were loaded in two cars on a switch track which connected the factory with the line of the Terminal Railway Company, another common carrier. A “switch card” showing: the-destination of the cars was tacked on each car by the…
2Cases cited9 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Merrimack River Savings Bank v. City of Clay CenterSupreme Court of the United States · 1911
- Railroad Commission v. Texas & Pacific Railway Co.Supreme Court of the United States · 1913
- Morrow v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1909
- Railroad Comm'n of Ohio v. WorthingtonSupreme Court of the United States · 1912
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3Cited by10 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. StarbirdSupreme Court of the United States · 1917
- Spitcaufsky v. State Highway CommissionSupreme Court of Missouri · 1941
- Cicardi Bros. Fruit & Produce Co. v. Pennsylvania Co.Missouri Court of Appeals · 1919
- Erisman v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1917
- Dunlap v. Chicago & Alton Ralway Co.Missouri Court of Appeals · 1915
5 more not listed; retrieve them via the Exa API.