McFall v. Chicago, Burlington & Quincy Railroad
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. Jas. E. Slover, Judge. The court committed error in refusing to give to the jury the peremptory instruction requested by defendant at the close of the entire case, directing the jury to return a verdict in favor of the defendant. Etcon v. Railroad, 125 Mo. App. 223; Clark v. Railroad, 138 Mo. App. 424; Ridgeway v. Railroad, 161 Mo. App. 260; McDowell v. Railroad, 167 Mo. App. 577; Winslow v. Railroad, 170 Mo.
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Appeal from Jackson Circuit Court. — Eon. Jas. E. Slover, Judge. The court committed error in refusing to give to the jury the peremptory instruction requested by defendant at the close of the entire case, directing the jury to return a verdict in favor of the defendant. Etcon v. Railroad, 125 Mo. App. 223; Clark v. Railroad, 138 Mo. App. 424; Ridgeway v. Railroad, 161 Mo. App. 260; McDowell v. Railroad, 167 Mo. App. 577; Winslow v. Railroad, 170 Mo. App. 617; Hickey v. Railroad, 174 Mo. App. 408, 160 S. W. 24; Gregory v. Railroad, 174 Mo. App. 550, 160 S'. W. 830. The court did not commit…
1Opinion of the CourtTrimble, J.
Action for damages alleged to have been caused by a negligent delay in the shipment of cattle. Plaintiff recovered and defendant has appealed.
The case originated in a justice court. • The first question to be determined is what negligence is covered by the petition. Defendant claims that the only *145damage pleaded is loss from failure to reach the Kansas City market of Wednesday, October 4, 1911, and that loss from shrinkage and bad appearance of the cattle on account of the length of time they were on the train was not pleaded, and hence evidence thereof was not admissible, not being within the…
2Cases cited14 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- St. Louis, Keokuk & Northwestern Railroad v. St. Louis Union Stock Yards Co.Supreme Court of Missouri · 1894
- Litton v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1905
- Bushnell v. Wabash RailroadMissouri Court of Appeals · 1906
- Anderson v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1902
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hunt v. HinesMissouri Court of Appeals · 1920
- Hunt v. St. Louis Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1915
- Harrison v. C. A.R.R. Co.Missouri Court of Appeals · 1922
- Mourer v. Wabash Railway Co.Missouri Court of Appeals · 1926
- Sikes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1915
1 more not listed; retrieve them via the Exa API.