Gilbert v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. Henry M. Barney, Judge. (1) The evidence is insufficient to warrant a finding that the horse which died contracted pneumonia or that the other two who became sick contracted the fever as the result of any negligence on defendant’s part.
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Appeal from Buchanan Circuit Court. — Hon. Henry M. Barney, Judge. (1) The evidence is insufficient to warrant a finding that the horse which died contracted pneumonia or that the other two who became sick contracted the fever as the result of any negligence on defendant’s part. Railroad v. Brosins, 105 S. W. 1131. (2) The burden of proof was upon the plaintiff to show not only that the defendant negligently failed to feed and water the horses and negligently failed to transport them within a reasonable time, but that such neglect caused the diseases from which the horses suffered or was the…
1Opinion of the Court
JOHNSON, .J.
Action by a shipper of live stock against a common carrier to recover damages for injuries to the property alleged to have been caused by the negligence of the carrier. On June 3, 1906, plaintiff delivered three horses to defendant at its station at Dearborn, Platte county, for shipment to Lincoln, Nebraska. He alleged in the petition that when the animals were delivered to defendant they were properly loaded in the car and were in a sound, healthy condition and that it became the duty of defendant to transport them to their destination within a reasonable time and “to properly…
2Cases cited7 opinions
- Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
- Otis Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Bushnell v. Wabash RailroadMissouri Court of Appeals · 1906
- Anderson v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1902
- Sloop v. Wabash RailroadMissouri Court of Appeals · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Holland v. Chicago Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1909
- Muir v. MissouriMissouri Court of Appeals · 1913
- R. E. Funsten Dried Fruit & Nut Co. v. Toledo, St. Louis & Western RailroadMissouri Court of Appeals · 1912
- Decker v. Missouri PacifiC Railway Co.Missouri Court of Appeals · 1910
- Unionville Produce Co. v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1912
3 more not listed; retrieve them via the Exa API.