Thaxter v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Herman Brumback, Judge. (1) Plaintiff’s own witness testified that the flood was sudden, extraordinary and unprecedented, and such as could not have been anticipated. It was, therefore, an act of providence for the consequences of which the defendant was not liable. It necessarily follows that if the bran in question was destroyed by said flood, the plaintiff cannot recover. Woolsey-Stahl Hay Co. v. Railroad, 113 Mo.
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Appeal from Jackson Circuit Court. — Hon. Herman Brumback, Judge. (1) Plaintiff’s own witness testified that the flood was sudden, extraordinary and unprecedented, and such as could not have been anticipated. It was, therefore, an act of providence for the consequences of which the defendant was not liable. It necessarily follows that if the bran in question was destroyed by said flood, the plaintiff cannot recover. Woolsey-Stahl Hay Co. v. Railroad, 113 Mo. App. 651; Moffatt Com. Co. v. Railroad, 113 Mo. App. 544; Grier v. Railroal, 108 M'o. App. 565; 13 Am. and Eng. Ency. Law (2 Ed.), 721…
1Opinion of the CourtBroaddus, P. J.
The plaintiff’s testator was the sconsignee of a certain carload of bran shipped from Wichita over defendant’s railroad to Kansas City, which plaintiff alleged was never delivered. Defendant answered to the contrary, that it was delivered. During the trial a witness for the plaintiff made the statement *638that he had been informed by the agents of the defendant' that the bran had been destroyed in a flood. Whereupon the defendant’s counsel upon a proper showing was allowed to amend the answer by alleging that it had been destroyed by an unprecedented flood and that its destruction was…
2Cases cited3 opinions
- Davis v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1886
- Grier v. St. Louis Merchants Bridge Terminal Railway Co.Missouri Court of Appeals · 1904
- Cole v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1886