McElvain v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. (1) The court erred in refusing instruction No. 5 asked for by defendant. That instruction under tbe evidence is the law. The plaintiff executed the contract pleaded and offered in evidence in consideration of a reduced rate, which was shown both by the contract and the evidence adduced at the trial. He gave no notice and he was barred by his contract from recovering. Shelton v. Railroad, 13.1 Mo.
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Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. (1) The court erred in refusing instruction No. 5 asked for by defendant. That instruction under tbe evidence is the law. The plaintiff executed the contract pleaded and offered in evidence in consideration of a reduced rate, which was shown both by the contract and the evidence adduced at the trial. He gave no notice and he was barred by his contract from recovering. Shelton v. Railroad, 13.1 Mo. App. 560'; "Ward v. Railroad, 158 Mo. 226; Freeman & Hinson v. Railroad, 118 Mo. App. 527; Meriwether v. Railroad, 128 Mo. App. 647;…
1Opinion of the CourtNixon, P. J.
An opinion was heretofore rendered in this case, but on motion, a rehearing was granted and the cause was reargued.
This was an action for one thousand dollars based upon the common law liability of the appellant in failing to deliver a carload of mules for the respondent within a reasonable time and in failing to transport said mules in a careful manner. The petition, so far as material, is as follows:
“That on the 17th day of December, 1908, plaintiff delivered to defendant and defendant received at the National Stock Yards in East St. Louis, Illinois, one carload of mules in good condition…
2Cases cited33 opinions
- Queen of the PacificSupreme Court of the United States · 1901
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- The WestminsterCourt of Appeals for the Third Circuit · 1904
- Kellerman v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1896
- Greenwald v. . BarrettNew York Court of Appeals · 1910
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3Cited by15 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. BlindIndiana Supreme Court · 1914
- Wimberly v. Labor & Industrial Relations Commission of MissouriSupreme Court of Missouri · 1985
- State Ex Rel. Atkins v. Missouri State Board of AccountancyMissouri Court of Appeals · 1961
- McElvain v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
- Haley v. Metropolitan Life Insurance CompanyMissouri Court of Appeals · 1968
10 more not listed; retrieve them via the Exa API.