Sloop v. Wabash Railroad
Missouri Court of Appeals
Appeal from Randolph Circuit Court. — Hon. Samuel Dams, Special Judge. (1) Upon the undisputed testimony, in this case, the plaintiff was not entitled to recover. Perry v. Railroad, 89 Mo. App. 49; Sloop v. Railroad, 93 Mo. App. 605. • (2) The instructions given at the plaintiff’s request were erroneous. Authorities cited, supra. (3) The instruction asked by defendant and refused, should have been given. Perry v. Railroad, 89 Mo.
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Appeal from Randolph Circuit Court. — Hon. Samuel Dams, Special Judge. (1) Upon the undisputed testimony, in this case, the plaintiff was not entitled to recover. Perry v. Railroad, 89 Mo. App. 49; Sloop v. Railroad, 93 Mo. App. 605. • (2) The instructions given at the plaintiff’s request were erroneous. Authorities cited, supra. (3) The instruction asked by defendant and refused, should have been given. Perry v. Railroad, 89 Mo. App. 49. (4) It would be a fraud on the defendant to permit the plaintiff to recover in this case, more than the values fixed by him. Brown v. Railroad, 18 Mo. App.…
1Opinion of the CourtBroaddus, P. J.
This cause was before this court on a former occasion and will be found reported in 93 Mo. App. 605.
Before this cause was tried anew in the circuit court plaintiff filed his third amended petition. The second amended petition upon which the case was formerly tried set out that on the 10th day of October, 1900, he delivered to defendant for shipment fifty-two head of fat cattle which defendant agreed, for certain charges to it paid, to safely and quickly transport and deliver to plaintiff’s agent in Chicago; 111.; that if said cattle had been transported to said point within a reasonable time…
2Cases cited5 opinions
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Kellerman v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1896
- Duvenick v. Missouri Pacific RailroadMissouri Court of Appeals · 1894
- Wyrick v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1898
- Sloop v. Wabash RailroadMissouri Court of Appeals · 1902
3Cited by2 opinions
- Heisel v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1919
- Chicago, R. I. & P. Ry. Co. v. Champlin Lumber Co.Supreme Court of Oklahoma · 1915