Ridgeway v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
. Appeal from Boone Circuit Court. — Now. D. E. Earns, Judge. (1) The original petition stated no cause of action, either in tort or in contract. While it alleged that defendant “undertook and agreed” it alleged no consideration, and it alleged no breach of contract; it simply alleged that the shipment was “by the negligence of defendant . . . delayed and not delivered within a reasonable time.” This did not constitute a cause of action in contract.
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. Appeal from Boone Circuit Court. — Now. D. E. Earns, Judge. (1) The original petition stated no cause of action, either in tort or in contract. While it alleged that defendant “undertook and agreed” it alleged no consideration, and it alleged no breach of contract; it simply alleged that the shipment was “by the negligence of defendant . . . delayed and not delivered within a reasonable time.” This did not constitute a cause of action in contract. Wernick v. Railroad, 131 Mo. App. 37. The obvious intention of tbe pleader was to state a case in tort for negligent delay, but be failed to…
1Opinion of the CourtBroaddus, P. J.
The plaintiffs tried their case upon the following statement of the cause of action: “Plaintiffs for their cause of complaint state that defendant is a corporation organized under the laws of the state of Missouri, and doing business as a common carrier, and as such undertook and agreed to transport from Rutland, Boone county, Missouri, over théir line of railway to the National Stock Yards, East St. Louis, Illinois, one carload of hogs, on the 26th day of October, 1910, and that by the negligence of said defendant company, said carload of hogs was delayed and not delivered within a…
2Cases cited4 opinions
- Ecton v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1907
- Otrich v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1911
- Clark v. St. Joseph & Grand Island Ry. Co.Missouri Court of Appeals · 1909
- Decker v. Missouri PacifiC Railway Co.Missouri Court of Appeals · 1910
3Cited by2 opinions
- Sikes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1915
- Smart v. Oregon Short Line R.Utah Supreme Court · 1919