Freeman v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Phelps Circuit Court. — Hon. L. B. Wood-side, Judge. (1) ■ The court erred in not giving defendant’s instruction in the nature of a demurrer to the evidence, because by reason of the cpntract entered into' between plaintiffs and defendant on Angnst 5th, plaintiffs for the consideration of a reduced rate of freight released any damages growing out of defendant’s breach of the verbal contract to furnish cars on August 4th. Hoover v. Railroad, 113 Mo.
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Appeal from Phelps Circuit Court. — Hon. L. B. Wood-side, Judge. (1) ■ The court erred in not giving defendant’s instruction in the nature of a demurrer to the evidence, because by reason of the cpntract entered into' between plaintiffs and defendant on Angnst 5th, plaintiffs for the consideration of a reduced rate of freight released any damages growing out of defendant’s breach of the verbal contract to furnish cars on August 4th. Hoover v. Railroad, 113 Mo. App. 688; Gann v. Railroad, 72 Mo. App. 1. c. 38; Harrison v. Railroad, 74 Mo. 364, 373; Merriweather v. Railroad, 128 Mo. App. 662;…
1Opinion of the CourtCox, J.
— This is an action for damages for failure of defendant to furnish cars for a shipment of cattle at the time agreed' upon by plaintiffs and agent of defendant. The petition deciares upon a contract to furnish two cars at Eolia, August 4, 1908, and alleges that they were not furnished until August 5th, and, in consequence thereof, plaintiffs’ cattle were required to be kept in the stock pens of defendant and suffered shrinkage. Damages are also claimed by reason of expenses for feeding and for decline in the market. The answer is a general denial and a plea of release under the shipping…
2Cases cited5 opinions
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- George v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1908
- Wyrick v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1898
- Mires v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908
- Shelton v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908
3Cited by3 opinions
- McElvain v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Moore v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Harrison Granite Co. v. Grand Trunk Railway SystemMichigan Supreme Court · 1913