Pruitt v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Caldwell Circuit Court. I. There was a very sudden and great influx of business thrown upon the road for transportation far exceeding its capacity. This was a legal excuse for not shipping the hogs with promptness. (Balentine vs. North Mo. E. E. Co.; 40 Mo., 491; Wilbert vs. N. & E. E. E. Co., 12 N. Y., 245; Galena & Chicago Union.
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Appeal from Caldwell Circuit Court. I. There was a very sudden and great influx of business thrown upon the road for transportation far exceeding its capacity. This was a legal excuse for not shipping the hogs with promptness. (Balentine vs. North Mo. E. E. Co.; 40 Mo., 491; Wilbert vs. N. & E. E. E. Co., 12 N. Y., 245; Galena & Chicago Union. E. E. Co. vs. Eae, 18 111., 489 ; E. E. Co. vs. Eeeves, 10 Wail'., 176; Denny vs. N. Y. C. E. E. Co., 13 Gray, 481; Morrison vs. Davis, 20 Penn. St., 171; Clark vs. Pac. E. E. Co., 39 Mo., 184.) II. Such snow storms and such unheard of cold weather…
1Opinion of the CourtNapton, Judge
This was an aetion for damages alleged to have been occasioned by the defendant’s negligence and breach of contract and failure of duty as a common carrier.
The evidence of the plaintiff tended to establish the following facts: The plaintiffs son, as agent for his father, applied to the station agent of defendant at'Hamilton, some time prior to the 1st of December, 1863, for transportation of about three hundred live hogs, and the agent agreed with or promised the plaintiffs son, that the hogs should be transported to Macon between the 1st and 10th days of December. The hogs were driven to the…
2Cases cited7 opinions
- Michaels v. New York Central RailroadNew York Court of Appeals · 1864
- Bostwick v. . Baltimore and Ohio R.R. Co.New York Court of Appeals · 1871
- Wolf v. American Express Co.Supreme Court of Missouri · 1869
- Read v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1875
- Read v. . SpauldingNew York Court of Appeals · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Newcomb v. New York Central & Hudson River RailroadSupreme Court of Missouri · 1902
- Seaboard Air Line Railway v. MullinSupreme Court of Florida · 1915
- Wood v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1886
- Brash v. City of St. LouisSupreme Court of Missouri · 1901
31 more not listed; retrieve them via the Exa API.