Legal Opinion

Buffington & Lee v. Wabash Railroad

Missouri Court of Appeals

Decided May 7, 1906PublishedCited by 7 opinions

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

  1. Marshall & Michel Grain Co. v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1903
  2. Western Sash & Door Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1903
  3. Marshall & Antles v. Kansas City, Fort Scott & Memphis Railway Co.Missouri Court of Appeals · 1898
  4. State National Bank v. Chicago Great Western Railway Co.Missouri Court of Appeals · 1897
  5. Popham v. BarnardMissouri Court of Appeals · 1899

3Cited by7 opinions

  1. Bushnell v. Wabash RailroadMissouri Court of Appeals · 1906
  2. Meyers v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1906
  3. Samuel Hardin Grain Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1906
  4. Chenango Textile Corp. v. WillockAppellate Division of the Supreme Court of the State of New York · 1936
  5. Davis v. Wabash RailroadMissouri Court of Appeals · 1906

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