Warner v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Webster Circuit Court.—Hon. G. H, Bkinker, Judge. (1) The court should have given defendant’s peremptory instruction to the jury to find the issues on its behalf.
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Appeal from Webster Circuit Court.—Hon. G. H, Bkinker, Judge. (1) The court should have given defendant’s peremptory instruction to the jury to find the issues on its behalf. Because, even if it be conceded for the sake of the argument that there was a delay on defendant’s part in the transportation and delivery of plaintiff’s stock from Conway to National Stock Yards, Illinois, after, plaintiff put said stock in defendant’s yards at Conway, August 15,1910, yet there is no evidence in the record to show such delay on the part of the defendant was negligent. Mere proof of delay without more…
1Opinion of the CourtGray, J.
This is a suit instituted against the defendant, a railroad company, to recover damages which plaintiff alleges accrued to him on a shipment of lambs and sheep over the road of the defendant, from Conway.i Mo., to the stockyards at East St. Louis, Ill., in August, 1910.
The facts are practically undisputed, and may be stated as follows: On the 13th day of August, 1910, the plaintiff notified the defendant’s agent at Conway, that he would.need, on August-15, double-deck cars sufficient to carry a shipment of 59 sheep and 177 lambs from Conway to said stockyards, and that he desired to ship said…
2Cases cited14 opinions
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Railroad Commission of WisconsinWisconsin Supreme Court · 1908
- Mississippi Railroad Commission v. Illinois Central RailroadSupreme Court of the United States · 1906
- Interstate Commerce Commission v. Chicago Great Western Railway Co.Supreme Court of the United States · 1908
- Herndon v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of the United States · 1910
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. IllinoisSupreme Court of the United States · 1900
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3Cited by1 opinion
- King v. StateCourt of Criminal Appeals of Texas · 1935