Clark v. St. Joseph & Grand Island Ry. Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. The demurrer to plaintiffs’ evidence, requested by this appellant at the close of plaintiffs’ case, should have been sustained. The plaintiffs failed to prove that the shipment was delivered to the defendant, The Kansas City Southern Railway Company, and that it ever received the stock for shipment. Moore on Carriers, sec. l'O, p. 466; Gray v. Railroad, 119 Mo. App. 149; Myers v. Railroad, 120 M'o.
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Appeal from Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. The demurrer to plaintiffs’ evidence, requested by this appellant at the close of plaintiffs’ case, should have been sustained. The plaintiffs failed to prove that the shipment was delivered to the defendant, The Kansas City Southern Railway Company, and that it ever received the stock for shipment. Moore on Carriers, sec. l'O, p. 466; Gray v. Railroad, 119 Mo. App. 149; Myers v. Railroad, 120 M'o. App. 288. The plaintiffs have failed to prove that the delay was negligent. Ecton v. Chicago, etc., Co., 125 Mo. App. 223; Wermick y.…
1Opinion of the CourtEllison, J.
— -Plaintiff shipped a lot of fat cattle over the road of the defendant, the Grand Island Railway Company, from Gower, Missouri, to Crider Bros. Commission Company at Kansas City, Misouri, for the *426market at the latter place. It is alleged by plaintiff that the Grand Island Company transported the cattle to Kansas City and there delivered them to the defendant, the Kansas City Southern Railway Company, which company received them and agreed to deliver to the commision firm aforesaid. It is alleged by plaintiff that there was such negligent and unreasonable delay in the shipment as caused the…
2Cases cited8 opinions
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
- Wright v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1906
- Otis Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Libby v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1909
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3Cited by4 opinions
- McFall v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1914
- Hickey v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1913
- Ridgeway v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1912
- Sikes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1915