Ficklin v. Wabash Railroad
Missouri Court of Appeals
Appeal from Gentry Circuit Court. — Hon. Wm. G. Ellison, Judge. (1) The demurrer to the evidence interposed by defendant at the close of plaintiff’s evidence should have been sustained. R. S. 1899, sec. 798; Clark v. Railroad, 39 Mo. App. 191; Sloop v. Railroad, 93 Mo. App. 609. (2) At the close of the entire case the court below should have directed a verdict in favor of the defendant. Authorities cited, supra; Perry v. Railroad, 89 Mo1. App. 545; Wyrick v. Railroad, 74 Mo.
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Appeal from Gentry Circuit Court. — Hon. Wm. G. Ellison, Judge. (1) The demurrer to the evidence interposed by defendant at the close of plaintiff’s evidence should have been sustained. R. S. 1899, sec. 798; Clark v. Railroad, 39 Mo. App. 191; Sloop v. Railroad, 93 Mo. App. 609. (2) At the close of the entire case the court below should have directed a verdict in favor of the defendant. Authorities cited, supra; Perry v. Railroad, 89 Mo1. App. 545; Wyrick v. Railroad, 74 Mo. App. 4-6; Kellerman v. Railroad, 136 Mo. 191; Hart v. Railroad, 112 U. S. 331. (3) The instructions given by the court…
1Opinion of the CourtJohnson, J.
Action to recover damages from a common carrier on account of delay in the carriage of live stock to market. Plaintiff had judgment in the sum of three hundred dollars and defendant appealed. Material facts appearing from the evidence introduced by plaintiff are as follows:
On December 12, 1903, plaintiff, a live-stock feeder and shipper, applied through his son to defendant’s agent at Stanberry, Missouri, for five cars, in which to ship eighty-four head of fat cattle to market, stating that the cars were needed for loading on the following Monday morning, the 14th. The son was not certain of…
2Cited by5 opinions
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- Creel v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1909
- Tuttle v. Q., O. K.C.R.R. Co.Missouri Court of Appeals · 1928
- Tuttle v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1928