McNealy v. Chicago, Burlington & Quincy Railway Co.
Missouri Court of Appeals
Appeal from Grundy Circuit Court. — Son. George W. Wannemaher, Judge. (1) It was admitted by the plaintiff that the car of cattle was shipped under the live stock contract, a copy of which was attached to defendant’s answer, and was read in evidence, pages 55 to 57 of abstract.
Read the full summary
Appeal from Grundy Circuit Court. — Son. George W. Wannemaher, Judge. (1) It was admitted by the plaintiff that the car of cattle was shipped under the live stock contract, a copy of which was attached to defendant’s answer, and was read in evidence, pages 55 to 57 of abstract. By the terms of that contract it was “agreed that the said railway company shall in no case be liable for any loss or damage to said animals, unless a claim shall be made in writing by the owner or owners thereof or his or their agent, and delivered to a general freight agent of said railway company at the station from…
1Opinion of the CourtEllison, J.
Plaintiff shipped a car of cattle from Boynton, Missouri, to Chicago, Illinois. A number were killed and some injured en route. Plaintiff charges that such killing and injuring was through the negligence of defendant in handling and operating its train. The judgment was for the plaintiff.
The train arrived at Galesburg, Illinois, in the night and remained there some time. Before getting to Gales-burg, it was noticed that one cow was down on the floor at one end of the car, but that the other cattle were standing. On arriving at the southern limits of the switch yards at Galesburg, the cow was…
2Cases cited4 opinions
- Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
- Brown v. Wabash, St. Louis & Pacific R'y. Co.Missouri Court of Appeals · 1885
- Dawson v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Crow v. Chicago & Alton RailroadMissouri Court of Appeals · 1894
3Cited by2 opinions
- Chicago, R. I. & G. Ry. Co. v. DaltonCourt of Appeals of Texas · 1915
- Lewis v. Hargadine-McKittrick Dry Goods Co.Supreme Court of Missouri · 1924