McCullough v. Wabash Western Railway Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) There was no delivery to the carrier at the time the injury sued for occurred. Hutchinson on Carriers, sec. 82, p. 64. (2) If the delivery was complete, then the contract in evidence related back thereto, and destroyed the cause of action.
Read the full summary
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) There was no delivery to the carrier at the time the injury sued for occurred. Hutchinson on Carriers, sec. 82, p. 64. (2) If the delivery was complete, then the contract in evidence related back thereto, and destroyed the cause of action. O'Brien v. Kinney, 74 Mo. 125 ; Railroad v. Cleary, 77 Mo. 634 ; Atkinson v. Railway, 80 Mo. 213; Myers v. Railway, 90 Mo. 98. (3) The failure on the part of respondent to give the notice required by the contract in evidence, destroyed his right of action. Dowson v. Railway, 76 Mo. 514;…
1Opinion of the CourtGill, J.
On May 23, 1888, respondent McCullough, owning a valuable race horse at Moberly, Missouri, and desiring to ship him with another to Kansas City, applied to appellant’s agent at Moberly for terms, and on said May 23, McCullough and this agent agreed that the race horse — “ Thrift ” by name — should be brought in the next day — that the agent would have a car ready at the stock-pens and chute where the horse could be loaded and shipped at a stipulated price to Kansas City.
The next day, twenty-fourth of May, McCullough, according to agreement, brought the horse to the appointed place for…
2Cases cited3 opinions
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Cleveland & Toledo R. R. v. PerkinsMichigan Supreme Court · 1868
- Mason v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
3Cited by7 opinions
- Chicago, Indianapolis & Louisville Railway Co. v. BaughIndiana Supreme Court · 1911
- Miller v. Chicago & Alton RailroadMissouri Court of Appeals · 1895
- Meriwether v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1908
- Cooke v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1894
- St. Louis & San Francisco Railroad v. BeetsSupreme Court of Kansas · 1907
2 more not listed; retrieve them via the Exa API.