Luckey v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. (1) The court should have sustained defendant’s demurrer to the evidence, because there was no evidence that the contract set out in the petition was ever made by plaintiff and defendant, as the evidence clearly shows that plaintiff merely ordered the car for June 6th. Gann v. Bailway, 65 Mo. App. 670; Cangas v. Bumsey M’fg. Co., 37 Mo.
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Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. (1) The court should have sustained defendant’s demurrer to the evidence, because there was no evidence that the contract set out in the petition was ever made by plaintiff and defendant, as the evidence clearly shows that plaintiff merely ordered the car for June 6th. Gann v. Bailway, 65 Mo. App. 670; Cangas v. Bumsey M’fg. Co., 37 Mo. App. 307; Egger v. Nesbitt, 122 Mo. 667; Eads v. Carondelet, 42 Mo. 113; Bruner v. Wheaton, 46 Mo. 363; Falls Wire Mfg. Co. v. Broderick, 12 Mo. App. 378; Bailroad v. Bailroad, 31 Fed. 864, 4 Inters.…
1Opinion of the CourtJohnson, J.
Plaintiff shipped a car of strawberries from Exeter, Missouri, to Omaha, Nebraska, over defendant’s line of railroad. Being of a highly perishable nature, the property was practically ruined by being kept a day at the receiving station without refrigeration. Plaintiff alleges in his petition that this delay and consequent injury were caused by the breach, on the part of defendant, of an oral contract to procure a refrigerator car properly iced for plaintiff’s use at Exeter at a specified time, and the prayer is for the recovery of the damages sustained by plaintiff in consequence of said…
2Cases cited4 opinions
- Egger v. NesbittSupreme Court of Missouri · 1894
- Fountain v. Wabash RailroadMissouri Court of Appeals · 1905
- Hoover v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1905
- Gann v. Chicago Great Western Railway Co.Missouri Court of Appeals · 1896
3Cited by9 opinions
- Shofler v. JordanMissouri Court of Appeals · 1955
- Continental Life Ins. Co. v. SmithNew Mexico Supreme Court · 1936
- Baker v. St. Paul Fire & Marine Insurance CompanyMissouri Court of Appeals · 1968
- R-Way Furniture Company v. Powers Interiors, Inc.Missouri Court of Appeals · 1970
- MacY v. DayMissouri Court of Appeals · 1961
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