Lightfoot & Son v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. William B. Teasdale, Judge. Tbe court skould have directed a verdict for defendant because (1) there was no evidence that defendant was in any respect negligent with regard to plaintiff’s freight, and (2) the undisputed testimony showed that the proximate cause of damage to the eggs was an act of God — the unprecedented flood of 1903. Moffatt Company v. Railway Co., 113 Mo. App. 549; Woolsey Co. v. Railroad, 113 Mo.
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Appeal from Jackson Circuit Court. — Hon. William B. Teasdale, Judge. Tbe court skould have directed a verdict for defendant because (1) there was no evidence that defendant was in any respect negligent with regard to plaintiff’s freight, and (2) the undisputed testimony showed that the proximate cause of damage to the eggs was an act of God — the unprecedented flood of 1903. Moffatt Company v. Railway Co., 113 Mo. App. 549; Woolsey Co. v. Railroad, 113 Mo. App. 651; Lamar Mfg. Co. v. Railroad, 117 Mo. App. 453; Empire & Co. v. Railroad, 135 Fed. 135, 147 Fed. 457; Rodgers v. Railroad, —…
1Opinion of the CourtJohnson, J.
Action to recover damages alleged to have been caused by the negligent delay of defendant, a common carrier, in the transportation of a car of eggs shipped by plaintiffs from Ash Grove, Missouri, to Chicago. The answer, in addition to a general denial, contains an averment that the injury to the property was the direct result of an act of God. At the close of the evidence, defendant’s request for a peremptory instruction was refused and the case was submitted to the jury on the theory that the evidence afforded room for a reasonable difference of opinion on the issue of the proximate cause of…
2Cases cited7 opinions
- Rodgers v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
- Moffatt Commission Co. v. Union Pacific Railway Co.Missouri Court of Appeals · 1905
- Grier v. St. Louis Merchants Bridge Terminal Railway Co.Missouri Court of Appeals · 1904
- Empire State Cattle Co. v. Atchison, T. & S. F. Ry. Co.U.S. Circuit Court for the District of Kansas · 1905
- Empire State Cattle Co. v. Atchison, T. & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1906
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3Cited by4 opinions
- Merritt Creamery Co. v. Atchison, Topeka & Santa Fe Ry. Co.Missouri Court of Appeals · 1909
- Wertheimer, Swartz Shoe Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1910
- Lamar Manufacturing Co. v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908
- McMillan v. Western Union Telegraph Co.Supreme Court of Florida · 1910