Dalton v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from St. Francois Circuit Court. — Son. Peter S. Such, Judge. (1) The cause of action stated in plaintiff’s petition is in tort for negligent delay. In order to recover damages, if any, sustained in consequence of delay in transportation of plaintiff’s stock, the burden was on the plaintiff to show not only unusual delay, but that such delay was caused by negligence' of defendant. Hickey v. Railroad, 174 Mo. App. 408; Gregory v. Railroad, 174 Mo.
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Appeal from St. Francois Circuit Court. — Son. Peter S. Such, Judge. (1) The cause of action stated in plaintiff’s petition is in tort for negligent delay. In order to recover damages, if any, sustained in consequence of delay in transportation of plaintiff’s stock, the burden was on the plaintiff to show not only unusual delay, but that such delay was caused by negligence' of defendant. Hickey v. Railroad, 174 Mo. App. 408; Gregory v. Railroad, 174 Mo. App. 550; Ecton v. Railroad, 125 Mo. App. 223; Stanard Milling Co. v. Transit Co., 122 Mo. 275; McCrary v. Railroad, 109 Mo. App. 567; Wright…
1Opinion of the Court
NORTONI, J.-
This is a suit for damages alleged to have accrued to plaintiff on account of delay in the shipment of stock. Plaintiff recovered and defendant prosecutes the appeal.
The petition seems to jumble the matter of contract and tort, though it clearly states a cause of action sounding in contract. It is averred that plaintiff, desiring to ship two carloads of cattle from De Lassus, Missouri, to the National Stock Yards at East St. Louis, Illinois, entered into a contract for hire with defendant on the nineteenth day of August, 1911, for two cars to be furnished at De Lassus to convey…
2Cases cited5 opinions
- Ecton v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1907
- Wernick v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908
- Meriwether v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1908
- Hickey v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1913
- Meade v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1914
3Cited by3 opinions
- McCallum v. Executive Aircraft Co.Missouri Court of Appeals · 1956
- Bank of California v. American Fruit Growers, Inc.Washington Supreme Court · 1940
- Sikes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1915