Cunningham v. Wabash Railroad
Missouri Court of Appeals
Appeal from the Boone Circuit Court. — Hon. J. A. Hockaday, Judge. The court permitted incompetent testimony to be introduced. Barker v. Eailway, 126 Mo. 143. The sole cause of action here stated, the delay, was occasioned by a sudden and unusual storm, an act of God, which excused the carrier. Eor that reason the verdict should have been for-the defendant.
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Appeal from the Boone Circuit Court. — Hon. J. A. Hockaday, Judge. The court permitted incompetent testimony to be introduced. Barker v. Eailway, 126 Mo. 143. The sole cause of action here stated, the delay, was occasioned by a sudden and unusual storm, an act of God, which excused the carrier. Eor that reason the verdict should have been for-the defendant. Ballentine v. Eailway, 40 Mo. 491; Pruitt v. Eailway, 62 Mo. 527; Davis v. Eailway, 89 Mo. 340; Stanard v. Transit Go., 122 Mo. 276; Ooleman v. Eailway, 36. Mo. App. 476. (1) These statements of the conductor were not made after the delay…
1Opinion of the CourtEllison, J.
This is an action for damages alleged to. have resulted to plaintiff by reason of a failure to carry two. cars of live stock from Columbia to East St. Louis with diligence and dispatch, so that they arrived toolateforthe market. *526of the day they should have arrived, aud the market declining the next day caused a loss to plaintiff. The death of a number of hogs was also charged to the delay. Rut for these nothing was allowed by the trial court, on the ground that no notice of the loss was given to defendant within five days as required' by the contract of shipment. The trial court, however,…
2Cases cited7 opinions
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- Davis v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1886
- Barker v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1894
- Pruitt v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1876
- Ballentine v. North Missouri RailroadSupreme Court of Missouri · 1867
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3Cited by5 opinions
- Cormack v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1909
- White v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
- Unionville Produce Co. v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1912
- Cormack v. New York & Hartford RailroadNew York Court of Appeals · 1909
- Strode v. ConkeyMissouri Court of Appeals · 1904