Alexander v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Thomas J. Seehorn, Judge. (1) The verdict is not supported by the evidence; therefore cannot be upheld by this court. McFarland v. Accident Assn., 124 Mo. 204; Cole v. Armour, 154 Mo. 332; Hewitt v. Steel, 136 Mo. 237; Peffer v. Railway, 98 Mo. App. 291; Peck v.- Railway, 31 Mo.
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Appeal from Jackson Circuit Court. — Hon. Thomas J. Seehorn, Judge. (1) The verdict is not supported by the evidence; therefore cannot be upheld by this court. McFarland v. Accident Assn., 124 Mo. 204; Cole v. Armour, 154 Mo. 332; Hewitt v. Steel, 136 Mo. 237; Peffer v. Railway, 98 Mo. App. 291; Peck v.- Railway, 31 Mo. App. 128; (2) Plaintiff is suing for penalties; therefore his case must be strictly construed, nothing taken by intendment, and he must bring himself within all the provisions of the statute. Rixke v. Tel. Co., 96 Mo. App. 406; Eddington v. Tel Co., 115 Mo. App. 98; Cornell v.…
1Opinion of the Court
"WILLIAMSON, J.
Clarence W. Alexander, doing business under the name of Consolidated Coal Company, brought this suit against the Chicago, Milwaukee & St. Paul Railway Company, under the provisions of Sections 3184 and 3191, Revised Statutes 1909, to recover damages arising from an alleged violation of said Section 3184 on the part of the defendant, and for treble damages and attorney’s fees as provided by Section 3191.
The petition, in substance, after formal allegations states that the defendant, a common carrier, without just cause or legal excuse refused to deliver shipments of coal…
2Cases cited34 opinions
- Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
- Fletcher v. PeckSupreme Court of the United States · 1810
- Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
- Magoun v. Illinois Trust & Savings BankSupreme Court of the United States · 1898
- United States v. CookSupreme Court of the United States · 1872
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- Coldiron v. GasterSuperior Court of Delaware · 1971
- Federal Reserve Bank of Cleveland v. Purolator Courier Corp.Ohio Court of Appeals · 1983
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