Dillender v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henry O. Riley, Judge. (1) Defendant was not liable to plaintiff under the issues in this case, as it had a lawful excuse for failing to furnish the cars for plaintiff, and the court should have directed the jury to find for the defendant on the uncontradicted evidence. Hoffman Co. v. Railroad, 119 M'o.
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Appeal from Pemiscot Circuit Court. — Hon. Henry O. Riley, Judge. (1) Defendant was not liable to plaintiff under the issues in this case, as it had a lawful excuse for failing to furnish the cars for plaintiff, and the court should have directed the jury to find for the defendant on the uncontradicted evidence. Hoffman Co. v. Railroad, 119 M'o. App. 501; Ballentine v. Railroad, 40 Mo. 491; Dawson v. Railroad, 79 Mo. 296; Faulkner v. Railroad, 51 Mo. 311; State ex rel. v. Railroad, 99 N. W. 309; State ex rel. v. Railroad, 101 N. W. 23; Strough v. Railroad, 87 N. Y. S. 30; 4 Elliott on…
1Opinion of the CourtGray, J.
This action was instituted in Pemiscot county for twenty-five hundred dollars damages which plaintiff claims he sustained by the failure of defendant to furnish him cars to transport freight which he delivered to the defendant. The petition charges that plaintiff was engaged in the business of shipping logs and timber from Holland, Mo., to Cape Girardeau, Mo., and that in the year 1907 he had contracts with the Indiana Lumber Company and one George McBride to deliver to them within a specified time, all the timber located upon certain lands in Pemiscot county, and that these facts were known…
2Cases cited6 opinions
- Pruitt v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1876
- Russell Grain Co. v. Wabash RailroadMissouri Court of Appeals · 1905
- Faulkner v. South Pacific RailroadSupreme Court of Missouri · 1873
- Yazoo & Mississippi Valley Railroad v. Blum Co.Mississippi Supreme Court · 1906
- Shoptaugh v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
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3Cited by2 opinions
- Miller v. Q., O. K.C.R.R. Co.Missouri Court of Appeals · 1920
- Miller v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1920