Vencill v. Quincy, Omaha & Kansas City Railroad
Missouri Court of Appeals
Appeal from Grundy Circuit Court. — Hon. George W. Wana-maker, Judge. (1) To entitle plaintiff to recover, tbe notice must have been actually received. Smith v. Railroad, 112 Mo. App. 610; McBeah v. Railroad, 20 Mo. App. 445; Brown v. Railroad, 18 Mo. App. 577; Dawson v. Railroad, 76 Mo. 514; Thompson v. Railroad, 22 Mr. App. 326; Boot & Shoe Co. v. Telegraph Co., 49 Mo. App. 99; Crow v. Railroad, 57 Mo.
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Appeal from Grundy Circuit Court. — Hon. George W. Wana-maker, Judge. (1) To entitle plaintiff to recover, tbe notice must have been actually received. Smith v. Railroad, 112 Mo. App. 610; McBeah v. Railroad, 20 Mo. App. 445; Brown v. Railroad, 18 Mo. App. 577; Dawson v. Railroad, 76 Mo. 514; Thompson v. Railroad, 22 Mr. App. 326; Boot & Shoe Co. v. Telegraph Co., 49 Mo. App. 99; Crow v. Railroad, 57 Mo. App. 135. (2) There was no waiver of this condition of the contract as to notice. The ten days’ notice had already expired at the time the notice was received and the plaintiff could not be…
1Opinion of the CourtJohnson, J.
Plaintiff sued defendant, a common carrier, for damages alleged to have resulted from defendant’s negligent failure to transport his cattle, consisting of forty-seven head, from Galt to South St. Joseph, within a reasonable time. Plaintiff claims the cattle were received by defendant for shipment at 4 o’clock in the afternoon of December 11, 1904, and *727should have arrived at their destination at 10 o’clock or earlier on the same day, but on account of defendant’s negligence, they did not arrive until 12 o’clock the next day — too late for the morning market; that he thereby lost the benefit of…
2Cases cited12 opinions
- Dawson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
- Fink v. Lancashire InsuranceMissouri Court of Appeals · 1895
- Stiepel v. German American Mutual Life Ass'nMissouri Court of Appeals · 1893
- Maddox v. German Insurance Co.Missouri Court of Appeals · 1890
- McFall v. Wabash RailroadMissouri Court of Appeals · 1906
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- St. Louis S. F. R. Co. v. LaddSupreme Court of Oklahoma · 1912
- Colsch v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1910
- St. Louis S. F. R. Co. v. JamesSupreme Court of Oklahoma · 1912
- The Henry S. GroveDistrict Court, W.D. Washington · 1923
- Leo Lococo's Sons v. Louisville N. R. Co.Court of Appeals of Kentucky (pre-1976) · 1935
1 more not listed; retrieve them via the Exa API.