Wilburn v. Wabash Railroad
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. Jas. D. Barnett, Judge. (1) The court erred in permitting the plaintiff to testify to conversations with the agent at Perry, Missouri. All such conversations were merged into the written contract. Ingwerson v. Railroad, 103 S. W. 1143; Henning v. Ins. Co., 47 Mo. 425; Sticks v. Matthews, 75 Mo. 96; Weil v. Posten, 77 Mo. 284; Clements v. Yates, 69 Mo. 623. (2) The defendants are connecting carriers and not partners.
Read the full summary
Appeal from Audrain Circuit Court. — Hon. Jas. D. Barnett, Judge. (1) The court erred in permitting the plaintiff to testify to conversations with the agent at Perry, Missouri. All such conversations were merged into the written contract. Ingwerson v. Railroad, 103 S. W. 1143; Henning v. Ins. Co., 47 Mo. 425; Sticks v. Matthews, 75 Mo. 96; Weil v. Posten, 77 Mo. 284; Clements v. Yates, 69 Mo. 623. (2) The defendants are connecting carriers and not partners. Sec. 13, Art. 12, Const, of Mo., secs. 1122, 1132, 1134, 1138, 1139, 5222, R. S. 1899; Moore on Carriers, sec. 24, p. 491; McCann v.…
1Opinion of the CourtGoode, J.
Action for loss on the price of several carloads of cattle, caused by the negligent delay of defendants in transporting them from Perry, Missouri, to National Stockyards, Illinois. The cattle were shipped June 19, 1904, from Perry, a station on the line of defendant, the St. Louis & Hannibal Railway Company. The line running through Perry is a branch which connects with the main line of that company at New London, and from the latter station the cattle were hauled by it to Gilmore, the terminus of its line, and where connection is made with the line of defendant, Wabash Railroad Company. From…
2Cases cited2 opinions
- Halliday v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1881
- Crockett v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1910
3Cited by2 opinions
- Rio Grande, E. P. & S. F. R. v. KraftCourt of Appeals of Texas · 1919
- Lancaster v. HollebekeCourt of Appeals of Texas · 1921