Legal Opinion

Cronan v. St. Louis & San Francisco Railroad

Missouri Court of Appeals

Decided July 7, 1910PublishedCited by 2 opinions

Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. (1) There never was an agreement on the part of the defendant to furnish plaintiff cars, and the court erred in so finding. Lucky v. Railroad, 133 Mo. App. 589; Railroad v. Arnett, 88 S. W. 448; Railroad v. Cannington, 110 S. W. 965; Gann v. Railroad, 65 Mo. App. 670; Cangas v. Mfg. Co., 37 Mo. App. 307; Egger v. Nesvitt, 122 Mo. 667; Embry v. Hargadine, 127 Mo. App. 383; Mfg. Co. v. Lumber Co., 115 Mo.

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Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. (1) There never was an agreement on the part of the defendant to furnish plaintiff cars, and the court erred in so finding. Lucky v. Railroad, 133 Mo. App. 589; Railroad v. Arnett, 88 S. W. 448; Railroad v. Cannington, 110 S. W. 965; Gann v. Railroad, 65 Mo. App. 670; Cangas v. Mfg. Co., 37 Mo. App. 307; Egger v. Nesvitt, 122 Mo. 667; Embry v. Hargadine, 127 Mo. App. 383; Mfg. Co. v. Lumber Co., 115 Mo. App. 114; Batavia v. Railroad, 126 Mo. App. 13; Campbell v. Handle Co., 117 Mo. App. 19. (2) Plaintiff’s shipments were beyond…

1Opinion of the CourtGray, J.

This is a cause instituted in the Pemiscot County Circuit Court to recover damages from defendant as a common carrier, for failure to furnish plaintiff cars on which to ship poles and piling placed for shipment at James Switch, on defendant’s railroad. Defendant appealed from a judgment for the plaintiff.

Plaintiff alleges in his petition that from the month of October, 1906, to the month of March, 1907, he was engaged in the pole and piling business in said county; that during the time above mentioned, he placed at the station of James, large quantities of cypress poles and piling to be…

2Cases cited13 opinions

  1. Pruitt v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1876
  2. Dawson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
  3. Russell Grain Co. v. Wabash RailroadMissouri Court of Appeals · 1905
  4. Gulf, Colorado & Santa Fe Railway Co. v. StateCourt of Appeals of Texas · 1909
  5. Faulkner v. South Pacific RailroadSupreme Court of Missouri · 1873

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3Cited by2 opinions

  1. Warner, Lorance Gammon v. St. L.-s.F. Ry. Co.Missouri Court of Appeals · 1925
  2. Vander Zyl v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1922

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