Bennett v. Chicago, Rock Island & Pacific Railroad
Missouri Court of Appeals
Appeal from Clinton Circuit Court. — licit. Alonso D. Burnes, Judge. (1) The cattle were shipped and the contract of shipment was made in the name of W. "W. Silvius, as consignee, who testified that he was owner of part and was holding balance in his name to secure payment of the purchase money. The suit should have been in his name. Atchison v. Railroad, 80 Mo. 213; Harvey v. Railroad, 74 Mo. 538; Porter v. Raymond, 53 N. H. 519; Clubb v. Railroad, 136 Mo.
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Appeal from Clinton Circuit Court. — licit. Alonso D. Burnes, Judge. (1) The cattle were shipped and the contract of shipment was made in the name of W. "W. Silvius, as consignee, who testified that he was owner of part and was holding balance in his name to secure payment of the purchase money. The suit should have been in his name. Atchison v. Railroad, 80 Mo. 213; Harvey v. Railroad, 74 Mo. 538; Porter v. Raymond, 53 N. H. 519; Clubb v. Railroad, 136 Mo. App. 1; Hickman v. Craig, 6 Mo. App. 582; 3 Ency. PL and Pr. 826. (2) • Plaintiff’s instruction on the measure of damages seems to mean…
1Opinion of the CourtBroaddus, P. J.
This is a suit for damages against the carrier for its failure to deliver cattle shipped to market within a reasonable time.
*295On the 12th day of August, 1907, the plaintiff through liis agent shipped eighty-eight head of cattle to Kansas City for the purpose of selling them on the next day’s market. The cattle were driven to Cameron station late in the afternoon of the day mentioned. The agent had previously made arrangements with defendant’s station agent for the necessary cars for the shipment. The cattle were in defendant’s pens at 7 o’clock p. m. The usual time for the shipment of live…
2Cases cited4 opinions
- Atchison v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1883
- Perry v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1901
- Douglass v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1893
- Clubb v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1909
3Cited by4 opinions
- Denney v. Spot Martin, Inc.Missouri Court of Appeals · 1959
- State Ex Rel. State Highway Commission v. WarnerMissouri Court of Appeals · 1962
- Warner, Lorance Gammon v. St. L.-s.F. Ry. Co.Missouri Court of Appeals · 1925
- Bartlett & Co. v. Commodity Credit Corp.District Court, W.D. Missouri · 1960