Missouri Pac. Ry. Co. v. Harper Bros.
Court of Appeals for the Seventh Circuit
In Error to 'the Circuit Court of the United States for the Eastern District of Illinois; Francis M. Wright, Judge. Action at law by Harper Bros., a corporation, against the Missouri Pacific Railway Company. Judgment for plaintiff, and defendant brings error.
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In Error to 'the Circuit Court of the United States for the Eastern District of Illinois; Francis M. Wright, Judge. Action at law by Harper Bros., a corporation, against the Missouri Pacific Railway Company. Judgment for plaintiff, and defendant brings error. Defendant in error, plaintiff below, alleged in its declaration that on Febuary 10, 1910, it was the owner of 67 mules and 6 horses; that it delivered the animals in good condition to defendant to be transported on its railway from Conway Springs, Kan., to East St. Louis, 111.; that through the negligence of defendant in operating its…
1Opinion of the CourtBaker, Circuit Judge
(after stating the facts as above). Technical objections to the record and to the assignments of error are urged, but we find them to be without substantial merit. An. examination of the record makes • it clear, beyond cavil, that court and counsel fully understood! that plaintiff’s right to recover more than defendant ha*d tendered depended on the admissibility and effect of the contract.
F. H. Harper, vice president of plaintiff, after purchasing the animals, left Conway Springs before the shipment was made. Prior to departing he told Henry Stayton, of Stayton Bros., to “ship them,” and…
2Cases cited6 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Cau v. Texas & Pacific Railway Co.Supreme Court of the United States · 1904
- Wabash Railroad v. ThomasIllinois Supreme Court · 1906
- Coats v. Chicago, Rock Island & Pacific Railway Co.Illinois Supreme Court · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- McGrady v. Munsey Trust Co.District of Columbia Court of Appeals · 1943
- VanDyke v. Pennsylvania RailroadSuperior Court of Delaware · 1952
- Hugetz v. Compania TrasatlanticaCourt of Appeals for the Second Circuit · 1920
- Idaho Sheep Co. v. Oregon Short Line RailroadAppellate Court of Illinois · 1914
- Sutherland v. Ringsby Truck Lines, Inc.Colorado Court of Appeals · 1976
1 more not listed; retrieve them via the Exa API.