Buffington & Lee v. Wabash Railroad
Missouri Court of Appeals
Appeal from Chariton Circuit Court. — No». John P. Butler, Judge. (1) At the close of the case, the learned judge below should have directed a verdict in favor of the defendant. Sash and Door Co. v. Railroad, 177 Mo. 641, and cases there cited; Wyrick v. Railroad, 74 Mo. App. 415; Railroad v. Pearce, 192 IT. S. 189. (2) The court gave improper and erroneous instructions at the request of plaintiff.
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Appeal from Chariton Circuit Court. — No». John P. Butler, Judge. (1) At the close of the case, the learned judge below should have directed a verdict in favor of the defendant. Sash and Door Co. v. Railroad, 177 Mo. 641, and cases there cited; Wyrick v. Railroad, 74 Mo. App. 415; Railroad v. Pearce, 192 IT. S. 189. (2) The court gave improper and erroneous instructions at the request of plaintiff. Ely v. Railroad, 77 Mo. 34; DeDonato v. Morrison, 160 M'o. 581; Haworth v. Railroad, 94 Mo. App. 215. (3) The court refused proper instructions asked by defendant. Authorities cited under point I,…
1Opinion of the Court
ELLISON, J. —
The present action was brought by plaintiff to recover damages for an alleged negligent delay in the shipment of forty-seven head of cattle. The judgment in the trial court was for the plaintiffs.
The cattle were shipped under the terms of a written contract and their destination was the National Stock Yards, East St. Louis, Illinois, a point to which defendant’s road did not extend. The delay was occasioned by the connecting line and therefore defendant contends it is not liable. The contract is: “The Wabash Railroad Company, party of the first part and Perry Lee (party of second…
2Cases cited5 opinions
- Marshall & Michel Grain Co. v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1903
- Western Sash & Door Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1903
- Marshall & Antles v. Kansas City, Fort Scott & Memphis Railway Co.Missouri Court of Appeals · 1898
- State National Bank v. Chicago Great Western Railway Co.Missouri Court of Appeals · 1897
- Popham v. BarnardMissouri Court of Appeals · 1899
3Cited by7 opinions
- Bushnell v. Wabash RailroadMissouri Court of Appeals · 1906
- Meyers v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1906
- Samuel Hardin Grain Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1906
- Chenango Textile Corp. v. WillockAppellate Division of the Supreme Court of the State of New York · 1936
- Davis v. Wabash RailroadMissouri Court of Appeals · 1906
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