Johnson v. Wabash, St. Louis & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Macon Circuit Court, Hon. Andbew Ellison, Judge. The case and facts are stated in the opinion of the court. I. There was a misjoinder of two independent causes of action in one count of the petition. Sect. 3512, Rev. Stat.; Southworth Co. v. Lamb, 82 Mo. 247. And this point was properly saved by defendant’s motion to-strike out and compel plaintiff to elect. Christal v. Craig, 80 Mo. 367. II.
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Appeal from Macon Circuit Court, Hon. Andbew Ellison, Judge. The case and facts are stated in the opinion of the court. I. There was a misjoinder of two independent causes of action in one count of the petition. Sect. 3512, Rev. Stat.; Southworth Co. v. Lamb, 82 Mo. 247. And this point was properly saved by defendant’s motion to-strike out and compel plaintiff to elect. Christal v. Craig, 80 Mo. 367. II. There was no proof that defendant negligently permitted the steer to escape from the car, while in transit. McBeath v. Railroad, 20 Mo. App. 445. III. The finding of the court was based on…
1Opinion of the CourtPhilips, P. J.
This is an action to recover for the-loss of a steer, the property of plaintiffs, who are partners. The petition stated, in substance, that on the ¡sixth day of February, 1882, the plaintiffs contracted \with the defendant, a railroad corporation, to carry and ^transport for them a car load of live cattle from La jPlata, Macon county, to the Union Stock Yards, at St. Louis, without unnecessary delay, etc. That the cattle \wpre accordingly duly delivered and loaded into defendant’ s freight car, and one of the steers so loaded was not so carried, but was negligently suffered to escape *599from…
2Cases cited1 opinion
- Margrave v. AusmussSupreme Court of Missouri · 1873
3Cited by4 opinions
- Corrister v. Kansas City, St. Joseph & Council Bluffs RailroadMissouri Court of Appeals · 1887
- Fairgrieve v. City of MoberlyMissouri Court of Appeals · 1888
- St. Louis Agricultural & Mechanical Ass'n v. DelanoMissouri Court of Appeals · 1889
- Ecton v. Continental InsuranceMissouri Court of Appeals · 1888