Gann v. Chicago Great Western Railway Co.
Missouri Court of Appeals
Appeal from the Platte Circuit Court. — Hon. W. S. - Heendon, Judge. Plaintiff has no case. The demurrer asked by defendant, should have been given. Unavoidable accidents and detentions will not relieve the company from liability, where, as in this case, the contract was to ship on a certain day. Miller v. Bailroad, vol. 1, No. 15 App. Rep; Harrison v. Bailroad, 74 Mo. 364; Tucker v. Bailroad, 50 Mo. 885; Faulkner v. Bailroad, 51 Mo. 313.
1Opinion of the CourtSmith, P. J.
This is an action which was begun before a justice of the peace. It is alleged by the plaintiff, in the statement of his cause of action, that on the eighth day of March, 1894, he entered into an agreement with the defendant for two cars to be loaded *671with, thirty-eight cattle and placed in transit at 1 o'clock p. m. of that day, at Dearborn station, for Kansas City. Certain breaches of this agreement were assigned in said statement, by which it was alleged that plaintiff had suffered damages, etc.
There was a trial in the circuit court, where plaintiff had judgment and defendant appealed.
The…
2Cases cited1 opinion
- Brown v. RiceSupreme Court of Missouri · 1860
3Cited by3 opinions
- Pennington & Evans v. Douglas, Augusta & Gulf Railway Co.Court of Appeals of Georgia · 1908
- Luckey v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908
- Gann v. Chicago Great Western Railway Co.Missouri Court of Appeals · 1897