Griffin v. Wabash Railroad
Missouri Court of Appeals
Appeal from Macon Circuit Court. — No». Nat. M. Shelton, Judge. (1) The bank is not entitled to either have or maintain this action, and therefore conld not assign any right of action arising out of this transaction to the plaintiff. This point is properly raised by this record. For this reason the court below should have directed a verdict in favor of the defendant. R. S. 1899, sec. 1291; Commission Co. v. Railway, 64 Mo.
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Appeal from Macon Circuit Court. — No». Nat. M. Shelton, Judge. (1) The bank is not entitled to either have or maintain this action, and therefore conld not assign any right of action arising out of this transaction to the plaintiff. This point is properly raised by this record. For this reason the court below should have directed a verdict in favor of the defendant. R. S. 1899, sec. 1291; Commission Co. v. Railway, 64 Mo. App. 590; Ullman v. Pair Ass ’n, 167 Mo. 273. (2) The burden of proving negligence in this case was upon the plaintiff. The court below so instructed the jury, and from…
1Opinion of the CourtBroa'Ddus, P. J.
— The plaintiff sues upon a contract for a shipment entered into by tbe defendant with the Bank of La Plata, Missouri, to carry and deliver seventy-nine head of hogs from La Plata, Missouri, to Ottumwa, Iowa. Tbe bogs belonged to tbe plaintiff and he sues as tbe assignee of said bank. Tbe bogs were delayed five hours over tbe schedule time for such shipment, and when they arrived at their destination, fourteen of them were dead. Tbe plaintiff seeks to recover on tbe ground that defendant, “in total disregard of its duty as a common carrier ... so carelessly and negligently conducted itself .…
2Cases cited5 opinions
- Devers v. HowardSupreme Court of Missouri · 1898
- Ward v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1900
- Hance v. Pacific Express Co.Missouri Court of Appeals · 1892
- Hance v. Pacific Express Co.Missouri Court of Appeals · 1896
- Summers v. Wabash RailroadMissouri Court of Appeals · 1905
3Cited by4 opinions
- Foust v. LeeMissouri Court of Appeals · 1909
- Davis v. Wabash RailroadMissouri Court of Appeals · 1906
- W. J. Stevens Co. v. Novice State BankCourt of Appeals of Texas · 1927
- Chicago, R. I. & P. Ry. Co. v. Champlin Lumber Co.Supreme Court of Oklahoma · 1915