Tracy v. Chicago & Alton Railroad
Missouri Court of Appeals
Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) Before respondent can recover lie must show that delivery has been made. There was no delivery. Liability for its safety does not begin until that is done. The statute even forbids the giving of a receipt until it is loaded into the car. R. S. 1889, secs. 2578-2591, 743; Port Worth-v. Riley, 1 S. W. Rep. 446; 5 Am. and Eng.
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Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) Before respondent can recover lie must show that delivery has been made. There was no delivery. Liability for its safety does not begin until that is done. The statute even forbids the giving of a receipt until it is loaded into the car. R. S. 1889, secs. 2578-2591, 743; Port Worth-v. Riley, 1 S. W. Rep. 446; 5 Am. and Eng. Ency. of Law [Rev. Ed.], 180, 181, 461, 462; Edwards on Bailments [2 Ed.], 680, 683-685; Merriam v. Railroad, 52 Am. Dec. 344, 347; Railway v. Hanna, 66 Am. Dec. 427; Blossom v. Griffin, 67 Am. Dec.…
1Opinion of the CourtEllison, J.
This is an action for damages to a lot of large and fat beef cattle shipped over defendant’s road to the market at Kansas City. They were brought to defendant’s station at Odessa and while awaiting cars were placed in stock pens kept by defendant for the purpose of securing live stock before being loaded. Plaintiff claims that the gate to these pens was so insecure that shortly after the cattle were turned *392in twenty-six head broke out of the gate and were stampeded whereby they were injured to the extent of $10. That twenty-four were injured by being reduced in flesh and made sore and…
2Cases cited6 opinions
- Mason v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- Bradford v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1896
- Cooke v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1894
- McCullough v. Wabash Western Railway Co.Missouri Court of Appeals · 1889
- Paddock v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1895
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3Cited by3 opinions
- McQuiddy v. BrannockMissouri Court of Appeals · 1897
- Holland v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1912
- Way v. MillerMissouri Court of Appeals · 1901