Green v. Chicago, Milwaukee & St. Paul Ry. Co.
Missouri Court of Appeals
Appeal from Boone Circuit Court.—Eon. N. D. Thurmond, Judge. (1) Tlie evidence failed to show anything more than an injury inflicted by the mule itself by reason of its inherent propensity to kick, and hence the demurrer to the evidence should have been sustained. Crow v. Railroad, 57 Mo. App. 135; Nash v. Railroad, 81 Mo. App. 109; Libby v. Railroad, 137 Mo.
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Appeal from Boone Circuit Court.—Eon. N. D. Thurmond, Judge. (1) Tlie evidence failed to show anything more than an injury inflicted by the mule itself by reason of its inherent propensity to kick, and hence the demurrer to the evidence should have been sustained. Crow v. Railroad, 57 Mo. App. 135; Nash v. Railroad, 81 Mo. App. 109; Libby v. Railroad, 137 Mo. App. 276. (2) Neither the pleadings nor the evidence disclosed a joint undertaking or a joint liability on the part of the defendants, and hence the plaintiff’s first instruction was erroneous in directing a verdict against both…
1Opinion of the CourtJohnson, J.
This is an action against common carriers prosecuted by the shipper of a carload of mules to recover damages for an injury sustained by one of the animals during transportation. The cause is here on the appeal of both defendants from a judgment of $210 rendered against them.
In our statement of facts and opinion, we shall refer to the first named defendant as the “Milwaukee Company” and to the other defendant as the “Wabash Company.” Plaintiff delivered a carload of mules to tlie Milwaukee Company at North English, Iowa, for transportation to St. Louis. The contract required that the car be…
2Cases cited8 opinions
- Hawkins v. Great Western R. R.Michigan Supreme Court · 1868
- Goffe v. GibsonMissouri Court of Appeals · 1885
- Blackmer & Post Pipe Co. v. Mobile & Ohio RailroadMissouri Court of Appeals · 1909
- Libby v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1909
- Cash v. Wabash RailroadMissouri Court of Appeals · 1899
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3Cited by1 opinion
- Mundis v. KelchnerMissouri Court of Appeals · 1943