Lamar Manufacturing Co. v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Barton Circuit Court. — Now. J. B. Johnson, Judge. (1) The court erred in refusing to peremptorily instruct the jury to find for defendant at the close of all the evidence in the case. Manufacturing Co. v. Railroad, 117 Mo. App. 453; M'offatt Com. Co. v. Railroad, 113 Mo. App. 544; Woolsey-Stafil Hay Co. v. Railroad, 113 Mo. App. 651. (1) The loss of these goods in the flood of 1903 is no defense, if defendant’s negligence concurred therein.
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Appeal from Barton Circuit Court. — Now. J. B. Johnson, Judge. (1) The court erred in refusing to peremptorily instruct the jury to find for defendant at the close of all the evidence in the case. Manufacturing Co. v. Railroad, 117 Mo. App. 453; M'offatt Com. Co. v. Railroad, 113 Mo. App. 544; Woolsey-Stafil Hay Co. v. Railroad, 113 Mo. App. 651. (1) The loss of these goods in the flood of 1903 is no defense, if defendant’s negligence concurred therein. Long ago the Supreme Court declared, and the doctrine has been repeated in many later cases, that a common carrier is an insurer and held to…
1Opinion of the CourtJohnson, J.
This case was here on a former appeal and was reversed and remanded on the ground that the evidence introduced by plaintiff was not sufficient to take to the jury as an issue of fact the ah leged negligence of defendant. [117 Mo. App. 453.] The reported opinion may be consulted for a statement of the facts appearing in the record. At the second trial, the same evidence was introduced and, in addition, other facts were brought out by plaintiffs which the learned trial judge deemed adequate to warrant the submission to the jury of the question of defendant’s negligence. The jury returned a…
2Cases cited8 opinions
- Rodgers v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
- Moffatt Commission Co. v. Union Pacific Railway Co.Missouri Court of Appeals · 1905
- Grier v. St. Louis Merchants Bridge Terminal Railway Co.Missouri Court of Appeals · 1904
- Empire State Cattle Co. v. Atchison, T. & S. F. Ry. Co.U.S. Circuit Court for the District of Kansas · 1905
- Empire State Cattle Co. v. Atchison, T. & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1906
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3Cited by1 opinion
- Wertheimer, Swartz Shoe Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1910