Bilby v. Chicago, Burlington & Quincy Railroad
Missouri Court of Appeals
Appeal from Nodaway Circuit Court. — Eon: Wm. C. Ellison, Judge. A shipper has no right to designate the time when or the places where the trains should be stopped and he be allowed to feed and water. This of necessity must be left to the decision of defendant. Lowenstein and Thomas v. Railroad, 63 Mo.
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Appeal from Nodaway Circuit Court. — Eon: Wm. C. Ellison, Judge. A shipper has no right to designate the time when or the places where the trains should be stopped and he be allowed to feed and water. This of necessity must be left to the decision of defendant. Lowenstein and Thomas v. Railroad, 63 Mo. App. 76, citing McAllister v. Railroad, 74 Mr. 351. (1) It is the duty of a carrier to provide facilities for caring for live stock at their destination until the consignee can have a reasonable time in which to receive and remove them. 5 Am. & Eng. Enc. of Law, 431; Railroad v. York, 2 Tex.…
1Opinion of the CourtJohnson, J.
Plaintiff sued defendant in a justice court in Nodaway county to recover damages sustained in consequence of negligence of defendant in and about the transportation of 257 head of hogs from West Plains in Howell county to Quitman, a station on defendant’s railroad in Nodaway county. The transportation was in the latter part of May, 1911, while the weather was very warm and it is alleged in the statement filed in the justice court that thirteen of the hogs died and the others were injured on account of the negligent failure of the carrier to give them sufficient water during the transportation…
2Cases cited1 opinion
- Rogers v. Mercantile Adjuster Publishing Co.Missouri Court of Appeals · 1906
3Cited by2 opinions
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- Cripe & Harris v. DavisOregon Supreme Court · 1923