Keyes-Marshall Bros. Livery Co. v. St. Louis & Hannibal Railroad
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Eon. Houston ,W. Johnson, Judge. (1) The court erred in giving instructions for the plaintiff as follows: (a) Plaintiff’s instruction numbered 1 tells the jury that if they find from the evidence that “the plaintiff delivered to the defendant” the team of horses for transportation, etc., and that the horses were injured in transit by the defendant’s negligence, then they should find for the plaintiff, (b) The court erred in giving…
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Appeal from Audrain Circuit Court. — Eon. Houston ,W. Johnson, Judge. (1) The court erred in giving instructions for the plaintiff as follows: (a) Plaintiff’s instruction numbered 1 tells the jury that if they find from the evidence that “the plaintiff delivered to the defendant” the team of horses for transportation, etc., and that the horses were injured in transit by the defendant’s negligence, then they should find for the plaintiff, (b) The court erred in giving plaintiff’s instructions numbered 2 and 3. These instructions entirely nullified the written contract of shipment in any and…
1Opinion of the CourtGoode, J.
— Both these parties are incorporated companies. The action is for the value of two horses alleged to have been injured in transportation over the defendant’s railway by the negligence of the defendant’s servants in operating a train on which the horses were hauled. The case was here on a former appeal and some of the facts are given in the opinion then delivered. [105 Mo. App. 556.] There was a reversal of the first judgment on a technical point. Before the second trial, new issues were framed on which evidence was received and *148rulings made at that trial. In truth the contest was shifted to…
2Cases cited16 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Harvey v. Terre Haute & Indianapolis RailroadSupreme Court of Missouri · 1881
- Kellerman v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1896
- Ward v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1900
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3Cited by5 opinions
- Voyt v. Bekins Moving & Storage Co.Oregon Supreme Court · 1941
- Farmers Bank v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1906
- Botts v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1915
- Hancock v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1908
- Van Buskirk v. Quincy, Omaha & Kansas City Railway Co.Missouri Court of Appeals · 1910