Summers v. Wabash Railroad
Missouri Court of Appeals
Appeal from Chariton Circuit Court. — Eon. Jno-. P. Butler, Judge. (1) Under the undisputed facts in evidence the plaintiff was not entitled to recover. Kellerman v. Railroad, 136 Mo. 178; Durenick v. Railroad, 57 Mo. App. 556; .Wyrick v. Railroad, 74 Mo. App. 406; Bowring v. Railroad, 77 Mo. App. 250; s. c., 90 Mo. App. 324; Vaughn v. Railroad, 78 Mo. App. 639; Witting y.
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Appeal from Chariton Circuit Court. — Eon. Jno-. P. Butler, Judge. (1) Under the undisputed facts in evidence the plaintiff was not entitled to recover. Kellerman v. Railroad, 136 Mo. 178; Durenick v. Railroad, 57 Mo. App. 556; .Wyrick v. Railroad, 74 Mo. App. 406; Bowring v. Railroad, 77 Mo. App. 250; s. c., 90 Mo. App. 324; Vaughn v. Railroad, 78 Mo. App. 639; Witting y. Railroad, 101 Mo. 640. The plaintiff was not entitled to recover in this action, any damages whatever in behalf of either J. H. Summers or W. H. McCormack, who are not parties to this action. R. S. 1899, sec. 540. (2) The…
1Opinion of the CourtBroaddus, P. J.
The plaintiff Summers on the 5th day of August, 1902, delivered to defendant at Huntsville, Missouri, for shipment to Chicago, Illinois, nine carloads of cattle containing 173 head, and one carload of hogs containing 63 head. Two of the cattle were owned by other persons. The shipment was consigned to Murray & McDowell, commission merchants at Chicago, and were by them sold on August 7 on the market. Some of the contracts for shipment were signed by plaintiff and others were signed by W. H. McCormack and J. H. Summers, the respective owners of the two head of cattle not owned by plaintiff. It…
2Cases cited6 opinions
- Devers v. HowardSupreme Court of Missouri · 1898
- Ward v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1900
- Cummings v. HurdMissouri Court of Appeals · 1892
- Sharp v. KnoxMissouri Court of Appeals · 1892
- Hamilton v. Wabash RailroadMissouri Court of Appeals · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Fountain v. Wabash RailroadMissouri Court of Appeals · 1905
- Blackmer & Post Pipe Co. v. Mobile & Ohio RailroadMissouri Court of Appeals · 1909
- Meyers v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1906
- Ficklin v. Wabash RailroadMissouri Court of Appeals · 1906
- Griffin v. Wabash RailroadMissouri Court of Appeals · 1906
2 more not listed; retrieve them via the Exa API.