Walton v. Kansas City, Fort Scott & Memphis Railroad
Missouri Court of Appeals
Appeal from the Webster Circuit Court. — Hon. W. I. Wallace, Judge. (1) The case was tried on the special contract of plaintiff, read in evidence, although it was not pleaded in petition, and the burden is on the plaintiff to show plaintiff’s negligence. Qlark ». Railroad, 64 Mo. 448. (2) It is not shown by any witness that the damaged condition of the stock was caused by the negligent handling of the train as charged in the petition.
Read the full summary
Appeal from the Webster Circuit Court. — Hon. W. I. Wallace, Judge. (1) The case was tried on the special contract of plaintiff, read in evidence, although it was not pleaded in petition, and the burden is on the plaintiff to show plaintiff’s negligence. Qlark ». Railroad, 64 Mo. 448. (2) It is not shown by any witness that the damaged condition of the stock was caused by the negligent handling of the train as charged in the petition. (3) The evidence shows beyond dispute that the car was grossly overloaded by plaintiff, and that the damages were caused by this crowded condition of the car,…
1Opinion of the Court
Big&s, J.,
delivered the opinion of the court.
On the twenty-sixth day of November, 1888, the plaintiff delivered to the defendant a carload of cattle and hogs, to be shipped by defendant from Fordland, a station on the defendant’s railroad, to Kansas City. The plaintiff brought this action, and claimed that the defendant’s servants were guilty of negligence in the transportation of the stock, and that, by reason of such negligence, nine head of the cattle and twelve head of the hogs were killed, and the remainder delivered at Kansas City in a very damaged condition. The negligence complained…
2Cases cited1 opinion
- Clark v. FairleyMissouri Court of Appeals · 1888
3Cited by7 opinions
- Bindbeutal v. Street Railway Co.Missouri Court of Appeals · 1891
- Stoll v. Daly Mining Co.Utah Supreme Court · 1899
- McVey v. BarkerMissouri Court of Appeals · 1902
- King v. GreavesMissouri Court of Appeals · 1892
- Naughton v. Laclede Gaslight Co.Missouri Court of Appeals · 1907
2 more not listed; retrieve them via the Exa API.