Gregory v. Chicago, Burlington & Quincy Railroad
Missouri Court of Appeals
Appeal from Andrew Circuit Court. — Eon. A. D. Burnes, Judge. (1) Negligence is a positive wrong and must be proven. Cunningham v. Railroad, 167 Mo. App. 273; Lay v. Railroad, 157 Mo. App. 468, 138 S. W. 884; Decker v. Railway Co., 149 Mo. App. 534. (2) Mere delay in shipment does not establish negligence. McDowell v. Railroad, 167 Mo. App. 273; Lay v. Railroad, 157 Mo. App. 468, 138 S. W. 884; Decker v. Railway Co., 149 Mo. App. 534; Clark v. Railroad Co., 138 Mo.
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Appeal from Andrew Circuit Court. — Eon. A. D. Burnes, Judge. (1) Negligence is a positive wrong and must be proven. Cunningham v. Railroad, 167 Mo. App. 273; Lay v. Railroad, 157 Mo. App. 468, 138 S. W. 884; Decker v. Railway Co., 149 Mo. App. 534. (2) Mere delay in shipment does not establish negligence. McDowell v. Railroad, 167 Mo. App. 273; Lay v. Railroad, 157 Mo. App. 468, 138 S. W. 884; Decker v. Railway Co., 149 Mo. App. 534; Clark v. Railroad Co., 138 Mo. App. 424; Eaton v. Railroad Co., 125 Mo. App. 223; Otrich v. Railroad Co., 154 Mo. App. 420. (3) The court should have-instructed…
1Opinion of the CourtJohnson, J.
Suit against a common carrier to recover damages caused by negligent delay in the transportation of twenty head of fat cattle from Rosendale, Missouri, to the stockyards at Chicago.. Plaintiff prevailed in the circuit court and the cause is here on the appeal of defendant. The principal *552question for our determination is whether or not the evidence of plaintiff will support the finding of the jury expressed in their verdict that defendant negligently failed to carry the cattle to their destination within a reasonable time.
The shipment left Rosendale about nine o’clock a. m. on Tuesday,…
2Cases cited10 opinions
- Wright v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1906
- Bushnell v. Wabash RailroadMissouri Court of Appeals · 1906
- Anderson v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1902
- McFall v. Wabash RailroadMissouri Court of Appeals · 1906
- Muir v. MissouriMissouri Court of Appeals · 1913
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3Cited by3 opinions
- Hunt v. St. Louis Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1915
- Sikes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1915
- Smart v. Oregon Short Line R.Utah Supreme Court · 1919