Perry v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Grundy Circuit Court. — Hon. P. O. Stepp, Judge. The measure of damages in such cases is the difference in the market price at the time they should have arrived and the market price when they did arrive. Gann v. Railway, 72 Mo.
Read the full summary
Appeal from Grundy Circuit Court. — Hon. P. O. Stepp, Judge. The measure of damages in such cases is the difference in the market price at the time they should have arrived and the market price when they did arrive. Gann v. Railway, 72 Mo. App. 34; Wilson v. Railway, 66 Mo: App. 388; Glascock v. Railroad, 69 Mo. 589; Eaulkner v. Railroad, 51 Mo. 311. The fact that defendant’s instruction number 6 correctly declared the law did not cure the error in giving plaintiffs’ instructions, because the instructions are in direct conflict. (1) The facts stated in plaintiff’s petition authorized a…
1Opinion of the CourtBroaddus, J.
There were three counts in the petition. Plaintiffs abandoned the first and the case was tried on the second and third counts, on both of which there was a finding for the plaintiffs, from which the defendant has appealed.
The substance of the second count is, that on the twenty-ninth day of August, 1897, the plaintiffs delivered to defendant at Maysville, Missouri, eight carloads of cattle and *51one carload of hogs, which defendant, for a certain consideration, agreed to deliver to the Union Stock Yards in Chicago in a reasonable time; that twenty-three hours was a reasonable time for said…
2Cases cited6 opinions
- Faulkner v. South Pacific RailroadSupreme Court of Missouri · 1873
- Gann v. Chicago Great Western Railway Co.Missouri Court of Appeals · 1897
- Wilson & Aull v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1896
- Glascock v. Chicago & Alton RailroadSupreme Court of Missouri · 1879
- Douglass v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Sloop v. Wabash RailroadMissouri Court of Appeals · 1902
- Bennett v. Chicago, Rock Island & Pacific RailroadMissouri Court of Appeals · 1910
- Opening of Essex Avenue v. MermodMissouri Court of Appeals · 1891
- Hahn v. St. Louis, Kansas City & Colorado Ry. Co.Missouri Court of Appeals · 1910