Vanbuskirk v. Quincy, Omaha & Kansas City Railroad
Missouri Court of Appeals
Appeal from Grundy Circuit Court. — 3on. George W. Wanamaker, Judge. (T) The trial court erred in permitting plaintiff; to prove the horses claimed to be injured had special value as race horses, and that he had sustained special damages, by reason of their having been injured so they could not race. To entitle plaintiff to recover special damages they must be specially pleaded. Mason v. Railroad, 75 Mo. App. 1; Brown v. Railroad, 99 Mo. 310; Harper v. Railroad, 70 Mo.
Read the full summary
Appeal from Grundy Circuit Court. — 3on. George W. Wanamaker, Judge. (T) The trial court erred in permitting plaintiff; to prove the horses claimed to be injured had special value as race horses, and that he had sustained special damages, by reason of their having been injured so they could not race. To entitle plaintiff to recover special damages they must be specially pleaded. Mason v. Railroad, 75 Mo. App. 1; Brown v. Railroad, 99 Mo. 310; Harper v. Railroad, 70 Mo. App. 607. (2) The court erred in excluding the evidence offered by defendant tending to prove that plaintiff was not the…
1Opinion of the CourtJohnson, J.
Action against a common carrier brought by the shipper of certain race horses to recover damages resulting from injuries to the property which *360are alleged to have been negligently inflicted by defendant in tbe course of transportation. Judgment was for plaintiff and defendant appealed.
On September 2, 1905, plaintiff shipped in his own name as consignor five race horses from Harris to Trenton. Two of the animals, “Grace Lane” and “Nancy Rex” belonged to plaintiff, one, “Mermaid” to Lose Brothers of Harris, and the remaining two were the property of another owner. The shipment was received by…
2Cases cited7 opinions
- Brown v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1889
- Atchison v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1883
- Mason v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1898
- O'Leary v. RowanSupreme Court of Missouri · 1860
- Farmers Bank v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hart v. MidkiffSupreme Court of Missouri · 1959
- Henry Pratt Co. v. Stoody Co.District Court, S.D. California · 1954
- Rush v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1911
- Payne v. President of the Insurance Co. of North AmericaMissouri Court of Appeals · 1913
- Van Buskirk v. Quincy, Omaha & Kansas City Railway Co.Missouri Court of Appeals · 1910
1 more not listed; retrieve them via the Exa API.