Hoagland v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. The plaintiff moved the court to instruct the jury— , 1. If they believe from the evidence that plaintiff shipped. the lumber named in his petition under and by virtue of the bill of lading read in evidence, and that by virtue of said bill of lading and said shipment the said lumber was transported over the Chicago, Burlington and Quincy railroad, and by the officers of said railroad delivered to the defendant under said contract of…
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Appeal from Buchanan Circuit Court. The plaintiff moved the court to instruct the jury— , 1. If they believe from the evidence that plaintiff shipped. the lumber named in his petition under and by virtue of the bill of lading read in evidence, and that by virtue of said bill of lading and said shipment the said lumber was transported over the Chicago, Burlington and Quincy railroad, and by the officers of said railroad delivered to the defendant under said contract of affreightment or bill of lading, and that the agents of defendant transported said lumber over its road to St. Joseph, and…
1Opinion of the CourtHolmes, Judge
The petition contained two counts, one sounding in damages for the detention of personal property, and the other founded upon matters of contract. These causes of action cannot be united in the same petition ; nor did they arise out of one and the same transaction. There was a misjoinder of counts.
The second count united four several causes of action founded upon so many distinct contracts for the transportation of lumber at different times. They were improperly united in the same count.
For both reasons, the motion in arrest of judgment should have been sustained — Rev. Stat. 1855, p. 1228;…
2Cases cited1 opinion
- Clark's v. HannibalSupreme Court of Missouri · 1865
3Cited by13 opinions
- Anglo-American Land, Mortgage & Agency Co. v. LombardCourt of Appeals for the Eighth Circuit · 1904
- Pacific Railroad v. SeelySupreme Court of Missouri · 1870
- House v. LowellSupreme Court of Missouri · 1870
- Chicago, B. & Q. R. v. North Kansas City Development Co.Court of Appeals for the Eighth Circuit · 1943
- Stoll v. Daly Mining Co.Utah Supreme Court · 1899
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