Grier v. St. Louis Merchants Bridge Terminal Railway Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — No». Walter B. Douglas, Judge. The court erred in overruling the demurrer to the evidence, because all the evidence showed that the plaintiffs ’ oats were lost by the act of God without negligence on the part of the defendant. When such a state of facts is shown, it is the duty of the court to instruct the jury to return a verdict for the defendant. Brewing Assn. v. Talbot, 141 Mo. 674, 42 S. W. 679; Transport Co. v. Ins.
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Appeal from St. Louis City Circuit Court. — No». Walter B. Douglas, Judge. The court erred in overruling the demurrer to the evidence, because all the evidence showed that the plaintiffs ’ oats were lost by the act of God without negligence on the part of the defendant. When such a state of facts is shown, it is the duty of the court to instruct the jury to return a verdict for the defendant. Brewing Assn. v. Talbot, 141 Mo. 674, 42 S. W. 679; Transport Co. v. Ins. Co., 41 Fed. 793; Coleman v. Railway, 36 Mo. App. 492; Hoadley v. Transportation Co., 115 Mass. 304; Herring v. Railroad, 32…
1Opinion of the CourtGoode, J.
— In June, 1903, there was a great inundation of the east bottom of the Mississippi river opposite the city of St. Louis, resulting in the destruction of much property. A carload of oats which the respondent had entrusted to the appellant for transportation to the city of St. Louis was lost in the flood. The oats were delivered to the appellant June 5, 1903, at 4:30 p. m. by another railroad company over whose line they had been hauled, and the car containing them was immediately placed on the appellant’s tracks in the town of Madison opposite St. Louis. The bill of-lading was issued about…
2Cases cited7 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. Commercial Union InsuranceSupreme Court of the United States · 1891
- American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
- Grinnell v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1873
- Brash v. City of St. LouisSupreme Court of Missouri · 1901
- Haney v. City of KansasSupreme Court of Missouri · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Rodgers v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
- Seaboard Air Line Railway v. MullinSupreme Court of Florida · 1915
- Missouri, K. & T. Ry. Co. v. JohnsonSupreme Court of Oklahoma · 1912
- Green-Wheeler Shoe Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1906
- Moffatt Commission Co. v. Union Pacific Railway Co.Missouri Court of Appeals · 1905
16 more not listed; retrieve them via the Exa API.