Goodman v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Error to the Jackson Circuit Court. — Hon. E. L. - Scarritt, Judge. (1) At plaintiff’s request the court instructed the jury as follows, to wit: “If you find for plaintiff, your verdict will not exceed the sum of $43.50 with interest at the rate of six per cent per annum from May 6,1893, which interest you will add to the amount found, and return same as one sum in your verdict.”
Read the full summary
Error to the Jackson Circuit Court. — Hon. E. L. - Scarritt, Judge. (1) At plaintiff’s request the court instructed the jury as follows, to wit: “If you find for plaintiff, your verdict will not exceed the sum of $43.50 with interest at the rate of six per cent per annum from May 6,1893, which interest you will add to the amount found, and return same as one sum in your verdict.” This instruction is clearly erroneous in allowing plaintiff to recover interest as a matter of right from date of defendant’s delivery of the household goods and furniture to him to the date of trial. Section 4430,…
1Opinion of the CourtEllison, J.
Plaintiff shipped his household goods over defendant’s road from Dallas, Texas, to Kansas City, Missouri. He alleges that he received them in Kansas City in a damaged condition, the damage being the result of defendant’s careless handling. He brought this action against defendant, alleging the damage to the furniture tobe $43.50. 'He recovered that sum, with six per cent interest added. It appeared in the *463evidence given in plaintiff’s behalf that there was a written contract of shipment, whereby in consideration of a reduced rate, plaintiff placed a valuation of $5 per hundred pounds on the…
2Cases cited12 opinions
- Mansur v. BottsSupreme Court of Missouri · 1883
- Dunn v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1878
- Plummer v. TrostSupreme Court of Missouri · 1884
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1894
- St. L., I. M. & S. Ry. v. LesserSupreme Court of Arkansas · 1885
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ford v. Wabash Railway Co.Supreme Court of Missouri · 1927
- Kemper Mill & Elevator Co. v. HinesSupreme Court of Missouri · 1922
- Young v. VannattaMissouri Court of Appeals · 1905
- York v. Farmers BankMissouri Court of Appeals · 1904
- Amber v. DavisMissouri Court of Appeals · 1926
3 more not listed; retrieve them via the Exa API.