McCrary v. Chicago & Alton Railroad
Missouri Court of Appeals
Appeal from Howard Circuit Court. — Hon, John A. Hockaday, Judge. (1) The allegation of the petition and plaintiff’s instructions as to negligence on the part of defendant are not supported by proof. Milling Co. v. Transit Co., 122 Mo. 258; Feary v. Railroad, 162 Mo. 96. (2) The court erred in the admission of incompetent and illegal testimony over defendant’s objection. King v. Railroad, 98 Mo. 236; Madden v. Railroad, 50 Mo.
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Appeal from Howard Circuit Court. — Hon, John A. Hockaday, Judge. (1) The allegation of the petition and plaintiff’s instructions as to negligence on the part of defendant are not supported by proof. Milling Co. v. Transit Co., 122 Mo. 258; Feary v. Railroad, 162 Mo. 96. (2) The court erred in the admission of incompetent and illegal testimony over defendant’s objection. King v. Railroad, 98 Mo. 236; Madden v. Railroad, 50 Mo. App. 666; Lawson on Expert and Opinion Evidence, p. 23; Railroad v. Cobb, 72 Ill. 148; Helm v. Railroad, 98 Mo. App. 419. (3) Plaintiff’s failure to give the notice…
1Opinion of the CourtEllison, J.
This action was instituted to recover damages for an alleged negligent delay in the shipment of a lot of beef cattle over defendant’s road from Highee, Mo., to Chicago, Illinois. The -judgment was for the plaintiff in the trial court.
A general statement of plaintiff’s complaint is that his cattle were shipped to the Chicago market on the 30th of August at about 5 o’clock in the morning and that they should have arrived in Chicago in the early morning of the nest day. That a reasonable time to make such trip was about 23 hours and that that was the time customarily taken. But that defendant…
2Cases cited12 opinions
- Cliquot's ChampagneSupreme Court of the United States · 1866
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- Whitney v. ThacherMassachusetts Supreme Judicial Court · 1875
- St. Louis, Keokuk & Northwestern Railroad v. St. Louis Union Stock Yards Co.Supreme Court of Missouri · 1894
- Spencer v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1894
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Fountain v. Wabash RailroadMissouri Court of Appeals · 1905
- Wright v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1906
- Otrich v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1911
- Wernick v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908
- Chicago, Burlington & Quincy Railroad v. MorrisWyoming Supreme Court · 1908
9 more not listed; retrieve them via the Exa API.