Fowler Commission Co. v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — How. John W. Henry, Judge. (1) On the trial below the court erroneously held that the plaintiff must put the bill of lading in evidence.
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Appeal from Jackson Circuit Court. — How. John W. Henry, Judge. (1) On the trial below the court erroneously held that the plaintiff must put the bill of lading in evidence. Clark v. Railroad, 64 Mo. 446; Bemett v. Lynch, 5 B. & C. 609. (2) Plaintiffs introduced their evidence and at the close thereof defendant, by its attorneys, demurred thereto on the ground “that on the pleadings and evidence the plaintiffs are not entitled to recover,” which demurrer was sustained by the court and judgment entered thereon for the defendant. Which act of the court was error. Levering v. Transportation and…
1Opinion of the CourtEllison, J.
Plaintiff sued defendant in tort on account of breach of duty in the shipment of a carload of corn from Kansas City, Missouri, to Carthage, Texas. At the close of plaintiffs’ case the court sustained a demurrer to the evidence and they appealed. There are several points discussed, but as one of them will dispose of the case we need not consider others.
The petition declares that plaintiffs delivered the car of corn to defendant for shipment from Kansas City, Missouri, to Carthage, Texas, there to be delivered to plaintiff’s order. That in disregard of said agreement defendant failed to deliver…
2Cases cited1 opinion
- Knox County v. GogginSupreme Court of Missouri · 1891
3Cited by6 opinions
- Joseph Mogul, Inc. v. C. Lewis Lavine, Inc.New York Court of Appeals · 1928
- Danciger v. WellsU.S. Circuit Court for the District of Western Missouri · 1907
- Rolla Produce Co. v. American Railway Express Co.Missouri Court of Appeals · 1920
- Justin v. Delta Motor LineLouisiana Court of Appeal · 1949
- J. L. Price Brokerage Co. v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1921
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