Wyatt v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division No. Two.—Hon. David E. Blair, Judge. (1) Under the petition, and the position assumed by the plaintiff at the trial as evidenced by the instruction asked by him, it devolved upon plaintiff to prove that the delay in the shipment was proximately caused by the negligence of the appellant, and as the evidence ■does not so show, plaintiff, was not entitled to recover and the court should have given the instruction requested by…
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Appeal from Jasper County Circuit Court, Division No. Two.—Hon. David E. Blair, Judge. (1) Under the petition, and the position assumed by the plaintiff at the trial as evidenced by the instruction asked by him, it devolved upon plaintiff to prove that the delay in the shipment was proximately caused by the negligence of the appellant, and as the evidence ■does not so show, plaintiff, was not entitled to recover and the court should have given the instruction requested by the appellant, directing a verdict in appellant’s favor. McDowell v. Railroad, 152 S. W. 435; Ecton v. Railroad, 125 Mo.…
1Opinion of the CourtFarrington, J.
—Plaintiff obtained judgment for $ 509.50 as damages to twenty-three head of mules belonging to him and which he shipped from Webb City, Mo., to East St; Louis, 111. Defendant brings its appeal to this court, alleging error in the refusal of the trial court to give a peremptory instruction in its behalf, and in the action of the court in admitting testimony touching the handling and caring for the animals subsequent to their arrival in East St. Louis.
*214.The facts are that at about ten o’clock a. m., November 16,1910, the defendant at its depot at Webb City received for shipment from plaintiff…
Also in this document: Concurrence.
2Cases cited7 opinions
- Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
- Wright v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1906
- Otis Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Muir v. MissouriMissouri Court of Appeals · 1913
- Lay v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1911
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3Cited by2 opinions
- Sikes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1915
- Ball v. LuskMissouri Court of Appeals · 1915