McKinstrey v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. E. E. Por-' ter field, Judge. The demurrer should have been sustained for the reasons: The evidence wholly failed to show the horses were not fed, watered and cared for in transit; assuming- they were not fed, watered and cared for in transit, the evidence failed to show that that fact caused the death of the horse. , McGrath v. St. L. Transit Co., 197 Mo. 97, Purcell v. Tennent Shoe Co., 187 Mo. ' 276, Goransson v. Mfg.
Read the full summary
Appeal from Jackson Circuit Court. — Eon. E. E. Por-' ter field, Judge. The demurrer should have been sustained for the reasons: The evidence wholly failed to show the horses were not fed, watered and cared for in transit; assuming- they were not fed, watered and cared for in transit, the evidence failed to show that that fact caused the death of the horse. , McGrath v. St. L. Transit Co., 197 Mo. 97, Purcell v. Tennent Shoe Co., 187 Mo. ' 276, Goransson v. Mfg. Co., 186 Mo. 300; Harper v. Terminal Co., 187 Mo. 575; Demaet v. Storage,TPacking, etc., Co., 121 Mo. App. 92; Caudle v. Kirkbride,…
1Opinion of the CourtBroaddus, P. J.
This is an action to recover damages for the alleged negligence of the defendant in *548the shipment of two Perdieron stallions on October, 15, 1906, by Singmaster & Sons, as agents of plaintiff from Keota, Iowa, to Meta, Missouri.
The petition of plaintiff is based upon the negligence of the defendant in failing to unload, feed and water and to allow said horses to rest in transit, and that in consequence of such negligence, one of said horses died.
The defendant’s answer was a general denial of the allegations of the petition; and that under the terms of the contract of shipment plaintiff assumed…
2Cases cited11 opinions
- Hall v. CordellSupreme Court of the United States · 1891
- Ward v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1900
- George v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1908
- Otis Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Blackmer & Post Pipe Co. v. Mobile & Ohio RailroadMissouri Court of Appeals · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Dunlap v. Chicago & Alton Ralway Co.Missouri Court of Appeals · 1915
- Ankrum v. Commercial State BankMissouri Court of Appeals · 1922