Baker v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Johnson Circuit Court. — Hon. Hielo M. Bradley, Judge. (1) A railway company is not bound to be ready for a wholly unprecedented and unforeseeable increase of traffic. Pruitt v. Railway, 62 Mo. 527; Meriwether v. Railroad, 128 Mo.
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Appeal from Johnson Circuit Court. — Hon. Hielo M. Bradley, Judge. (1) A railway company is not bound to be ready for a wholly unprecedented and unforeseeable increase of traffic. Pruitt v. Railway, 62 Mo. 527; Meriwether v. Railroad, 128 Mo. App. 647. (2) If damages accrue upon a verbal contract and a written agreement covering the same shipment waives the previous loss, thereby evincing an intention to cover the whole, in the writing, no action can be maintained for such loss under the verbal contract. Hoover v. Railroad, 113 Mo. App. 688; Fountain v. Railroad, 114 Mo. App. 676; Boggs v.…
1Opinion of the CourtJOHjNSON, J.
Plaintiffs shipped 581 head of neat cattle over defendant’s railroad from Tuttle, Oklahoma, to the market at Kansas City. They do not claim there was any delay in the transportation but plead as their cause of action the unreasonable and negligent delay of defendant in furnishing cars for the shipment. A trial before a jury resulted in a verdict and judgment for plaintiffs in the sum of five thousand dollars, and the cause is here on appeal of defendant.
In 1905, plaintiffs were operating a cattle ranch some ten miles from Tuttle and, in October of that year, decided to ship 581 head of fat…
2Cases cited12 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Fountain v. Wabash RailroadMissouri Court of Appeals · 1905
- McCarty v. Rood Hotel Co.Supreme Court of Missouri · 1898
- O'Brien v. Western Steel Co.Supreme Court of Missouri · 1889
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3Cited by8 opinions
- V. L. Johnson, D/B/A v. L. Johnson Lumber Co. v. Chicago, Milwaukee, St. Paul & Pacific Railroad Co.Court of Appeals for the Ninth Circuit · 1968
- Williams v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1925
- Warner, Lorance Gammon v. St. L.-s.F. Ry. Co.Missouri Court of Appeals · 1925
- McFall v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1914
- Rittman v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1914
3 more not listed; retrieve them via the Exa API.