White v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Cooper Circuit Court, Hon. E. L Edwards' Judge. Statement of case by tbe court. This suit was instituted to recover damages sustained by tbe plaintiff, on account of tbe breach of a written contract, made by him with the defendant, for the shipment of a lot of cattle. The plaintiff was a cattle trader, and had a number .of carloads of stock at Boonville, ready for market. The defendant was operating a railroad from Boonville to St. Louis.
Read the full summary
Appeal from Cooper Circuit Court, Hon. E. L Edwards' Judge. Statement of case by tbe court. This suit was instituted to recover damages sustained by tbe plaintiff, on account of tbe breach of a written contract, made by him with the defendant, for the shipment of a lot of cattle. The plaintiff was a cattle trader, and had a number .of carloads of stock at Boonville, ready for market. The defendant was operating a railroad from Boonville to St. Louis. In order to induce the plaintiff to ship the cattle over its road, the defendant made a contract with him, by which the defendant agreed and…
1Opinion of the CourtEllison, J.
The shipping contract in evidence contained the following stipulation : “Now in consideration that the party of the first part will transport for the party of the second part, one car of cattle and one car of hogs to the National Stock Yards station, at the rate of thirty-five dollars per car, with privilege of Chicago at forty-five dollars per car load,” etc.
The contract further provided that plaintiff should unload and reload at transfer points. St. Louis was the end of defendant’s line, and there would be a transfer from defendant’s line to some other at that point, if the stock should be…
2Cases cited5 opinions
- Gibson v. StevensSupreme Court of the United States · 1850
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Jones v. ShawSupreme Court of Missouri · 1878
- Grover & Baker Sewing Machine Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1879
- Loomis v. Wabash, St. Louis & Pacific Ry. Co.Missouri Court of Appeals · 1885
3Cited by8 opinions
- Miller v. Chicago & Alton RailroadMissouri Court of Appeals · 1895
- Patterson v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1892
- Minter Bros. v. Southern Kansas RailroadMissouri Court of Appeals · 1894
- Sauner v. Phœnix InsuranceMissouri Court of Appeals · 1890
- Farmers' Loan & Trust Co. v. Northern Pac. R.Court of Appeals for the Second Circuit · 1903
3 more not listed; retrieve them via the Exa API.