Lowenstein & Thomas v. Wabash Railroad
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. E. L. Scaeeitt, Judge. (1) In actions of this character, where the execution of the special contract is admitted, the defendant is no longer liable as a common carrier, and, therefore, the burden is upon the plaintiffs to establish the negligence of the defendant, in order to recover for any injury received. Clark v. Railroad, 64 Mo. 440; McBeath v. Railroad, 20 Mo.
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Appeal from the Jackson Circuit Court. — Hon. E. L. Scaeeitt, Judge. (1) In actions of this character, where the execution of the special contract is admitted, the defendant is no longer liable as a common carrier, and, therefore, the burden is upon the plaintiffs to establish the negligence of the defendant, in order to recover for any injury received. Clark v. Railroad, 64 Mo. 440; McBeath v. Railroad, 20 Mo. App. 445; Railroad v. Sherwood, 132 Ind. 129. (2) And this burden is not shifted to the defendant by the mere proof that an injury occurred to the animals while in transit, without…
1Opinion of the CourtGill, J.
On the twenty-sixth day of May, 1892, Lowenstein & Thomas shipped thirty-six head of horses and mules from St. Louis over the Wabash road, consigned to El Reno, Oklahoma Territory. The animals were loaded in two cars at St. Louis, and at about 5 o’clock p. M., were hauled through to Kansas City, arriving there on the twenty-seventh, and thence taken by the Rock Island road to Oklahoma. The complaint is that the defendant failed to stop the stock at Kansas City and permit them to be fed and watered, but caused them to be carried forward without feed, water, rest or change, to Wichita, Kansas,…
Also in this document: Concurrence.
2Cases cited10 opinions
- Southwestern Freight & Cotton Press Co. v. StanardSupreme Court of Missouri · 1869
- Wolff v. CampbellSupreme Court of Missouri · 1892
- Brown v. BowenSupreme Court of Missouri · 1886
- Bunce v. BeckSupreme Court of Missouri · 1869
- Rollins v. ClaybrookSupreme Court of Missouri · 1856
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3Cited by6 opinions
- Brockway v. American Express Co.Massachusetts Supreme Judicial Court · 1897
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- Lachner Bros. v. Adams Express Co.Missouri Court of Appeals · 1897
- Wheeler v. R. L. McDonald & Co.Missouri Court of Appeals · 1898
- 101 Live Stock Co. v. Kansas City, Memphis & Birmingham Railway Co.Missouri Court of Appeals · 1903
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