Legal Opinion

McFall v. Wabash Railroad

Missouri Court of Appeals

Decided April 2, 1906PublishedCited by 12 opinions

Appeal from Jackson Circuit Court. — Hon. James H. Slover, Judge. (.1) Defendant’s demurrer to the evidence should have been sustained for the reasons: First — Under the Contract of shipment, entered into between plaintiff and defendant, plaintiff was not entitled to recover; Second i — No negligence on the part of the defendant was shoAvn; and, Third — Plaintiff did not suffer any damages on account of shrinkage or decline of market price of the hogs.

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Appeal from Jackson Circuit Court. — Hon. James H. Slover, Judge. (.1) Defendant’s demurrer to the evidence should have been sustained for the reasons: First — Under the Contract of shipment, entered into between plaintiff and defendant, plaintiff was not entitled to recover; Second i — No negligence on the part of the defendant was shoAvn; and, Third — Plaintiff did not suffer any damages on account of shrinkage or decline of market price of the hogs. (2) Defendant can limit its common law liability. Smith v. Railway, 87 S. W. 10; Wyrick v. Railway, 74 Mo. App. 406; Duvenick v. Railway, 57…

1Opinion of the CourtJohnson, J.

Action to- recover damages from a common carrier on account of negligent delay in the transportation of live stock to market. Plaintiff recovered judgment and defendant appealed.

Prom the evidence introduced by plaintiff, it appears that defendant, as a common carrier for hire, received from plaintiff at Pattonsburg, Missouri, ninety-two head of fat hogs, which it undertook to deliver at the stock yards in Kansas City, Kansas. The shipment left Pattonsburg at about eight o’clock one Sunday evening and, if carried with ordinary dispatch, should have been delivered in about twelve hours, in time…

2Cases cited3 opinions

  1. Hance v. Pacific Express Co.Missouri Court of Appeals · 1892
  2. Cash v. Wabash RailroadMissouri Court of Appeals · 1899
  3. Ficklin v. Wabash RailroadMissouri Court of Appeals · 1906

3Cited by12 opinions

  1. Western Reciprocal Underwriters' Exchange v. CoonSupreme Court of Oklahoma · 1913
  2. St. Louis S. F. R. Co. v. LaddSupreme Court of Oklahoma · 1912
  3. Ecton v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1907
  4. St. Louis S. F. R. Co. v. JamesSupreme Court of Oklahoma · 1912
  5. Robinson v. BushMissouri Court of Appeals · 1918

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