Legal Opinion

Mason v. Missouri Pacific Railway Co.

Missouri Court of Appeals

Decided April 11, 1887PublishedCited by 21 opinions

Appeal from Moberly Court of Common Pleas. Hon. Gr. H. Burckhartt, Judge. The case and facts are stated in tlie opinion. I. The petition does not state a cause of action. Tt alleges the pen was unsafe, and that defendant knew it, but it nowhere alleges that the defects were unknown to plaintiff. II. The court erred in overruling the demurrer to evidence, since it showed no legal liability against defendant. III.

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Appeal from Moberly Court of Common Pleas. Hon. Gr. H. Burckhartt, Judge. The case and facts are stated in tlie opinion. I. The petition does not state a cause of action. Tt alleges the pen was unsafe, and that defendant knew it, but it nowhere alleges that the defects were unknown to plaintiff. II. The court erred in overruling the demurrer to evidence, since it showed no legal liability against defendant. III. The court erred in refusing the declarations of law asked by defendant. Defendant is not liable as a common carrier in this case ; in fact, is not liable at all until the cattle are…

1Opinion of the CourtEllison, J.

The plaintiff brought his action against the defendant as a common carrier, the following being the material portions of the petition in the cause :

“ That defendant, as such common carrier, contracts .and undertakes to transport live stock from said city of Moberly to said city of Chicago, and, for the purpose of transporting live stock, as aforesaid, it is, and was, at the dates hereinafter mentioned,' the duty of defendant to provide, at said city of Moberly, suitable stock pens for the purpose of holding, receiving and containing live stock while waiting for, and being loaded on, the cars…

2Cases cited2 opinions

  1. Pruitt v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1876
  2. Potts v. Wabash, St. Louis & Pacific Ry. Co.Missouri Court of Appeals · 1885

3Cited by21 opinions

  1. Brown v. O.-W. R. & N. Co.Oregon Supreme Court · 1912
  2. Holland v. Chicago Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1909
  3. Lackland v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1903
  4. Chicago, Burlington & Quincy Railroad v. MorrisWyoming Supreme Court · 1908
  5. Cooke v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1894

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