Hess v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Pettis Circuit Court. — Hon. Richard Field, Judge. (1) The court erred in admitting in evidence the letter from Mulhall & Co., dated January 19, 1885, directed to the Missouri Pacific Railway Company. First. It was in no sense of the term a notice of his claim for damages for injury to the stock, as required by the terms of the sixth clause of the contract under which they were shipped. Nor is it sworn to. Second.
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Appeal from the Pettis Circuit Court. — Hon. Richard Field, Judge. (1) The court erred in admitting in evidence the letter from Mulhall & Co., dated January 19, 1885, directed to the Missouri Pacific Railway Company. First. It was in no sense of the term a notice of his claim for damages for injury to the stock, as required by the terms of the sixth clause of the contract under which they were shipped. Nor is it sworn to. Second. Said letter is full of mere hearsay statements, and statements of facts about which said Mulhall & Co. had no personal knowledge — these statements were not made…
1Opinion of the CourtHill, J.
Plaintiff had judgment against the defendant in the circuit court for the sum of nine hundred dollars, as damages for delay in transporting some seventy-three head of cattle from Lincoln, Missouri,' to St. Louis, Missouri. Plaintiff claims that the defendant received said cattle on January 14, 1885, and agreed to carry and deliver the same at St. Louis on the morning of the fifteenth of January ; but that said cattle were not delivered at St. Louis till the evening of the seventeenth, and, on account of such delay, the cattle lost much in weight, and, .besides, they were cast upon a much…
2Cases cited2 opinions
- Gale v. State InsuranceMissouri Court of Appeals · 1889
- Hoskins v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1885
3Cited by4 opinions
- Nelson v. Great Northern Railway Co.Montana Supreme Court · 1903
- Norfolk & Western Railway Co. v. Reeves & McNeilSupreme Court of Virginia · 1899
- Connell v. A. C. L. Haase & Sons Fish Co.Supreme Court of Missouri · 1923
- Moore v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910