Currell v. Hannibal & St. Joseph Railroad
Missouri Court of Appeals
Appeal from Clinton Circuit Court. — Row. A. D. ' Burnes, Judge. (1) The defendant’s objection to any evidence under the petition should have been sustained. (2) The defendant’s demurrer should have been sustained. The evidence for plaintiff failed to establish a promise or agreement on defendant’s part to have the cars at the station at one o ’clock in the morning. The language detailed in evidence was not an undertaking to have the cars there at one o ’clock a. m.
Read the full summary
Appeal from Clinton Circuit Court. — Row. A. D. ' Burnes, Judge. (1) The defendant’s objection to any evidence under the petition should have been sustained. (2) The defendant’s demurrer should have been sustained. The evidence for plaintiff failed to establish a promise or agreement on defendant’s part to have the cars at the station at one o ’clock in the morning. The language detailed in evidence was not an undertaking to have the cars there at one o ’clock a. m. Johnson v. McCune, 21 Mo. 211; s. c. 27 Mo. 181; Land Co. v. Pitt, 114 Mo. 135; Land Co. v. Hanna, 126 Mo. 5. (3) There was no…
1Opinion of the CourtBroaddus, J.
— As a proper determination of this cause turns upon a construction, to some extent, of the pleading of the parties, it becomes necessary to incorporate certain parts of the petition in this opinion. The petition alleges: “That on the eleventh day of September, 1900, in consideration of the promises then and there made by the plaintiff, he would drive to the defendant’s station at Lathrop, Missouri, and have there on the thirteenth day of September, 1900, ready for shipment and to be shipped over defendant’s railroad, seven thirty-six-foot cars, cattle sufficient to fill said cars in…
2Cases cited3 opinions
- Cochran v. People's Railway Co.Supreme Court of Missouri · 1892
- German-American Insurance v. TribbleMissouri Court of Appeals · 1901
- Peck v. BridwellMissouri Court of Appeals · 1879
3Cited by2 opinions
- State v. BecknerSupreme Court of Missouri · 1906
- Dorrell v. SparksMissouri Court of Appeals · 1910