Harrison v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — Hon. W. T. "Wood, Judge. Contributory negligence on the part of the plaintiff, that is, the plea that plaintiff caused his own damages, cannot, in any case where damages are sued for, be considered as irrelevant or redundant.
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Appeal from Lafayette Circuit Court. — Hon. W. T. "Wood, Judge. Contributory negligence on the part of the plaintiff, that is, the plea that plaintiff caused his own damages, cannot, in any case where damages are sued for, be considered as irrelevant or redundant. If the plaintiff did know, or might have known, that the agent had no authority to make such a contract to deliver cars at a certain time and place, and still saw proper to take the risk of the agent’s being able to do so, anyhow, plaintiff had no right to call on defendant to pay any damages he may have sustained on account of a…
1Opinion of the Court
Norton, J .
This is a suit instituted in the circuit court of Lafayette county by a petition which substantially alleges that plaintiff, who was a dealer in and shipper of cattle to St. Louis, on or about the 23rd day of June, 1877, entered into a verbal contract with defendant, whereby defendant agreed and bound itself to receive and ship 194 head of plaintiff’s cattle from Lexington to St. Louis on Monday, the 25th day of June, 1877, and for that purpose defendant expressly agreed and bound itself to furnish thirteen stock cars at its depot in Lexington on the day and year last aforesaid;…
2Cases cited7 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
- Pruitt v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1876
- Cleveland & Toledo R. R. v. PerkinsMichigan Supreme Court · 1868
- Baltimore & Ohio Railroad v. BradyCourt of Appeals of Maryland · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Davis v. CornwellSupreme Court of the United States · 1924
- Benjamin v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1912
- Comstock v. Fraternal Accident Ass'nWisconsin Supreme Court · 1903
- State Ex Rel. Shell Petroleum Corp. v. HostetterSupreme Court of Missouri · 1941
49 more not listed; retrieve them via the Exa API.