Bushnell v. Wabash Railroad
Missouri Court of Appeals
Appeal from Chariton Circuit Court. — Son. John P. Butler, Judge. * (1) The plaintiff was not entitled to recover in this action any damages whatever on the shipments of either Alex. Guthridge or Steve Bushnell. R. S. 1899, sec. 540. (2) The undisputed proof here shows that the damages here sued for accrued upon the defendant’s connecting line. At common law and under the contracts of shipment, the defendant was not responsible therefor.
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Appeal from Chariton Circuit Court. — Son. John P. Butler, Judge. * (1) The plaintiff was not entitled to recover in this action any damages whatever on the shipments of either Alex. Guthridge or Steve Bushnell. R. S. 1899, sec. 540. (2) The undisputed proof here shows that the damages here sued for accrued upon the defendant’s connecting line. At common law and under the contracts of shipment, the defendant was not responsible therefor. Coates v. Express, 45 Mo. 238; Nines v. Railroad, 107 M'o. 4751; McCann v. Eddy, 133 Mo. 59; Myrick v. Railroad, 107 U. S. 102. (3) There is a failure of…
1Opinion of the Court
JOHNSON, J. —
Action against a common carrier to recover damages resulting from negligent delay in the transportation of live- stock to market.
The petition is in two counts. In the first, it is alleged that on April 7, 1904, at 7 o’clock p. m., plaintiff delivered to defendant at Keytesville for shipment to the National Stock Yards at East St. Louis, Illinois, sixty-two head of cattle and ninety-two head of hogs, the property of plaintiff, that the stock was loaded in cars and ready to go forward at the hour mentioned and defendant accepted the shipment and agreed for hire to carry the stock…
2Cases cited21 opinions
- Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- City of St. Louis ex rel. Glencoe Lime & Cement Co. v. Von PhulSupreme Court of Missouri · 1896
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Ellis v. HarrisonSupreme Court of Missouri · 1891
- Rogers v. GosnellSupreme Court of Missouri · 1873
16 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Western Reciprocal Underwriters' Exchange v. CoonSupreme Court of Oklahoma · 1913
- St. Louis S. F. R. Co. v. LaddSupreme Court of Oklahoma · 1912
- Holland v. Chicago Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1909
- Muir v. MissouriMissouri Court of Appeals · 1913
- Atchison, T. & S. F. Ry. C. v. A. B. C. Fireproof Warehouse Co.Court of Appeals for the Eighth Circuit · 1936
12 more not listed; retrieve them via the Exa API.