Legal Opinion

Davis v. Wabash Railroad

Missouri Court of Appeals

Decided November 19, 1906PublishedCited by 2 opinions

Appeal from Schuyler Circuit Court. — Hon. Nat. M Shelton, Judge. (1) In defendant’s answer the first clause is a general denial. This is a complete waiver of a notice from the appellant, if such notice was required. Crenshaw v. Insurance Co., 71 Mo.

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Appeal from Schuyler Circuit Court. — Hon. Nat. M Shelton, Judge. (1) In defendant’s answer the first clause is a general denial. This is a complete waiver of a notice from the appellant, if such notice was required. Crenshaw v. Insurance Co., 71 Mo. App. 42; McCormick v. Insurance Co., 56 Mo. 575; Life Society v. Hiett’s Adm’r, 19 U. S. App. 173; Moore on Carriers, p. 338, sec. 27; Hase v. Railroad, 35 S. W. 476; Greathouse v. Railroad, 17 S. W. 834. (2) As a common carrier it was the duty of the defendant to deliver the stock at its destination within a reasonable time and without…

1Opinion of the CourtEllison, J.

Plaintiff instituted this action to recover damages for an alleged negligent delay in transporting a lot of beef cattle from Coatsville, Missouri, to Chicago-, Illinois. At the close of the evidence the trial court gave a peremptory instruction to find for the defendant. A verdict was rendered as directed and judgment entered accordingly.

The evidence in plaintiff’s behalf tended to show a shipment for the Chicago market and that the cattle should have arrived in that city in time for the market of the next day after shipment. But that through neg*642ligent delay they did not get in until the…

2Cases cited12 opinions

  1. Marshall & Michel Grain Co. v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1903
  2. Brown v. Wabash, St. Louis & Pacific R'y. Co.Missouri Court of Appeals · 1885
  3. Western Sash & Door Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1903
  4. Marshall & Antles v. Kansas City, Fort Scott & Memphis Railway Co.Missouri Court of Appeals · 1898
  5. State National Bank v. Chicago Great Western Railway Co.Missouri Court of Appeals · 1897

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3Cited by2 opinions

  1. Chenango Textile Corp. v. WillockAppellate Division of the Supreme Court of the State of New York · 1936
  2. Holland v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1908

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