Moffatt Commission Co. v. Union Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judge. (1) The court erred in entering judgment in favor of the defendant in the case. (2) The court erred in giving the declarations of law requested by the defendant. (1) Defendant had no reason to apprehend that the flood would reach the cars located where they were on May 29. Hence there is no ground of negligence shown in not delivering the cars to the Hannibal & St. Joe Ry. Co., for shipment, as directed.
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Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judge. (1) The court erred in entering judgment in favor of the defendant in the case. (2) The court erred in giving the declarations of law requested by the defendant. (1) Defendant had no reason to apprehend that the flood would reach the cars located where they were on May 29. Hence there is no ground of negligence shown in not delivering the cars to the Hannibal & St. Joe Ry. Co., for shipment, as directed. (2) Mere delay, unless it is for an unreasonable time, does not constitute negligence. The defendant must know, or must…
1Opinion of the CourtEllison, J.
— This action is to recover damages by reason of the negligence of defendant in delaying the delivery of two cars of wheat whereby they were destroyed by a flood of such unprecedented character as to be admitted to be an act of God. The judgment in the trial court was for the defendant.
It appears that two cars of wheat were shipped by different persons over defendant’s road to Kansas Oity, Missouri. That one car was consigned to' the Murphy Grain Company and the other to the Benton Grain Company. Each of these companies had samples of the grain on May 28,1903, at the board of trade. Plaintiff…
2Cases cited15 opinions
- Scheffer v. Railroad Co.Supreme Court of the United States · 1882
- Railroad Co. v. ReevesSupreme Court of the United States · 1870
- St. Louis, Iron Mountain & Southern Railway Co. v. Commercial Union InsuranceSupreme Court of the United States · 1891
- Stone v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
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3Cited by23 opinions
- Rodgers v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
- Seaboard Air Line Railway v. MullinSupreme Court of Florida · 1915
- Missouri, K. & T. Ry. Co. v. JohnsonSupreme Court of Oklahoma · 1912
- Green-Wheeler Shoe Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1906
- Standley v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1906
18 more not listed; retrieve them via the Exa API.