Sikes v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Anneal from Scott County Circuit Court. — Hon. Frank Kelly, Judge. (1) The peremptory instruction requested by defendant should have been given. A showing of mere-delay, with nothing more, is insufficient to support a recovery for delay in the transportation of live stock. Mere proof of delay is not proof of negligence. Ecton v. Railroad, 125 Mo. App. 226; Wernick v. Railroad,. 131 Mo. App. 52; Clark v. Railroad, 138 Mo. 426; Decker v. Railroad, 149 Mo.
Read the full summary
Anneal from Scott County Circuit Court. — Hon. Frank Kelly, Judge. (1) The peremptory instruction requested by defendant should have been given. A showing of mere-delay, with nothing more, is insufficient to support a recovery for delay in the transportation of live stock. Mere proof of delay is not proof of negligence. Ecton v. Railroad, 125 Mo. App. 226; Wernick v. Railroad,. 131 Mo. App. 52; Clark v. Railroad, 138 Mo. 426; Decker v. Railroad, 149 Mo. App. 537; Otrich v. Railroad, 154 Mo. App. 435; Lay v. Railroad, 157 Mo. App. 473; Ridgeway v. Railroad, 161 Mo. App. 267; McDowell v.…
1Opinion of the CourtFarrington, J.
Plaintiffs shipped two cars of cattle on defendant’s railroad from Sikeston and McMullin, Missouri, to the National Stock Yards, Illinois. There was an alleged negligent delay in the shipment so that the cattle did not arrive in time to be sold on the market of the day they should have been and extra shrinkage was caused and thus damaged' plaintiffs who were compelled to hold the cattle over for the next day’s market. Plaintiffs also had to buy extra feed to the amount of $6.80. Judgment was asked for $137:99, and a default judgment for that amount was rendered in the justice court. Upon…
Also in this document: Concurrence.
2Cases cited25 opinions
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- State v. PenningtonSupreme Court of Missouri · 1894
- Wright v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1906
- Ecton v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1907
- Bushnell v. Wabash RailroadMissouri Court of Appeals · 1906
20 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Robinson v. BushMissouri Court of Appeals · 1918
- Smart v. Oregon Short Line R.Utah Supreme Court · 1919