Russell Grain Co. v. Wabash Railroad
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. J. McD. Trimble, Special Judge. (1) Neither count of respondent’s petition states a cause of action against appellant.
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Appeal from Jackson Circuit Court. — Eon. J. McD. Trimble, Special Judge. (1) Neither count of respondent’s petition states a cause of action against appellant. Sidway v. Live Stock Co., 163 Mo. 342; Gamage v. Bushnell, 1 Mr. App. 416; Dezell v. Fidelity & Casualty Co., 176 Mo. 253; Nagel v. Railway, 167 Mo. 89; Burnham v. Boyd, 167 Mo. 185; Kerr v. Simmons, 82 Mo'. 269, 275; Knapp, Stout & Co. v. St. Louis, 156 Mo. 343; Verdin v. St. Louis, 131 Mo. 26. (2) It is the well-established law of this State that every substantial fact which the plaintiff in order to recover, must prove, he must…
1Opinion of the CourtJohnson, J.
On July 21, 1903, defendant, a common carrier, received at Council Bluffs, Iowa, two cars of oats which it undertook, for a consideration, to transport to Kansas City and there deliver to R. J. Thresher, the consignee named in the bill of lading. On the morning of the 28th inst. defendant notified consignee, who was in the grain business at Kansas City, of the arrival of the cars. Following usual custom defendant had placed them, on arrival, upon a side track in its yards in Harlem across the river, awaiting inspection by the grain inspector, and orders for disposition by the consignee.
Deliver…
2Cited by15 opinions
- Florida East Coast Railway Co. v. PetersSupreme Court of Florida · 1916
- Holland v. Chicago Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1909
- Jones v. ThompsonSupreme Court of Missouri · 1950
- Baker v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Keithley v. LuskMissouri Court of Appeals · 1915
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