Freeman & Hinsen v. Kansas City Southern Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Son. James S. Slover, Judge. (1) The plaintiffs failed to make their claim for loss and damages in writing within five days of the arrival at destination of the corn in controversy. Rice v. Railway, 63 Mo. 314; McBeath v. Railway, 20 Mo. App. 445: Brown v. Railway, 18 Mo. App. 568; Thompson v. Railway, 22 Mo. App. 321; D'awson v. Railway, 76 Mo. 514; Messengale v. Telegraph Co., 17 Mo. App. 257; Leonard v. Railway, 54 Mo.
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Appeal from Jackson Circuit Court. — Son. James S. Slover, Judge. (1) The plaintiffs failed to make their claim for loss and damages in writing within five days of the arrival at destination of the corn in controversy. Rice v. Railway, 63 Mo. 314; McBeath v. Railway, 20 Mo. App. 445: Brown v. Railway, 18 Mo. App. 568; Thompson v. Railway, 22 Mo. App. 321; D'awson v. Railway, 76 Mo. 514; Messengale v. Telegraph Co., 17 Mo. App. 257; Leonard v. Railway, 54 Mo. App. 293; Smith v. Railway, 87 S. W. 9; Ward v. Railway, 158 Mo. 226. (2) Plaintiffs’ instruction numbered 2 was erroneous, and should…
1Opinion of the Court
JOHNSON, J. —
Plaintiff shipped two cars of corn at different times over defendant’s line of railroad from Kansas City to points in Louisiana and claims that in consequence of defendant’s failure to safely transport them within a reasonable time the corn in both cars was damaged. The petition is in two counts, each shipment being made the basis of a separate cause of action. Plaintiffs recovered judgment on both counts and defendant appealed. It is conceded that defendant received the cars at Kansas City as a common carrier for hire, but in the answer defendant alleges that plaintiffs failed…
2Cases cited11 opinions
- Rice v. Kansas Pacific RailwaySupreme Court of Missouri · 1876
- Ward v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1900
- Brown v. Wabash, St. Louis & Pacific R'y. Co.Missouri Court of Appeals · 1885
- Dawson v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Leonard v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- McElvain v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Holland v. Chicago Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1909
- Shelton v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908
- Meriwether v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1908
- Samuel Hardin Grain Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1906
4 more not listed; retrieve them via the Exa API.