Swift & Co. v. Wabash Railroad
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Hon. N. D. Thurmond, Judge. (1) The plaintiff was not the real party in interest because the settlement of the loss in full worked a transfer of the right of action to the insurance companies, and therefore the plaintiff was precluded from maintaining the action by section 540, R. S. 1899. Allen y. Railroad, 68 N. W. (Wis.) 873; Cunningham y. Railroad, 51 S. E. (N. C.) 1093; Railroad y.
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Appeal from Boone Circuit Court. — Hon. N. D. Thurmond, Judge. (1) The plaintiff was not the real party in interest because the settlement of the loss in full worked a transfer of the right of action to the insurance companies, and therefore the plaintiff was precluded from maintaining the action by section 540, R. S. 1899. Allen y. Railroad, 68 N. W. (Wis.) 873; Cunningham y. Railroad, 51 S. E. (N. C.) 1093; Railroad y. Blunt, 165 Fed. 258. (2) It has always been the law that when insured property was destroyed by the wrongful act of a stranger, and the insurer was thus compelled to pay the…
1Opinion of the CourtJohnson, J.
Swift & Company, a corporation engaged in the packing business conducted a branch establishment for the packing of poultry, butter and eggs, in a building in Centralia, Missouri, near defendant’s railroad. The petition alleges and the evidence of plaintiff tends to show that this building and its contents were destroyed September 16, 1907, by fire caused by sparks emitted from locomotives operated on the. railroad and plaintiff brought this suit under the statute to recover $2600, the alléged value of the personal *529property destroyed which at the time belonged to plaintiff. The answer, in…
2Cases cited10 opinions
- Hall & Long v. Railroad Cos.Supreme Court of the United States · 1872
- Burnett v. CrandallSupreme Court of Missouri · 1876
- Aetna Ins. Co. v. Hannibal & St. J. R.U.S. Circuit Court for the District of Eastern Missouri · 1874
- Beardslee v. MorgnerSupreme Court of Missouri · 1880
- Allen v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1896
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3Cited by19 opinions
- Illinois Power & Light Corporation v. HurleyCourt of Appeals for the Eighth Circuit · 1931
- Busch & Latta Painting Co. v. Woermann Construction Co.Supreme Court of Missouri · 1925
- General Exchange Ins. Corp. v. YoungSupreme Court of Missouri · 1948
- Ford v. Wabash Railway Co.Supreme Court of Missouri · 1927
- Hayes v. JenkinsMissouri Court of Appeals · 1960
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