Dean v. Toledo, St. Louis & Western R. R.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The rule that goods delivered in good order to an initial carrier, are presumed to continue so until they get into the possession of the carrier which delivers them- at the place of destination in a damaged condition cannot apply to highly perishable property. Flynn v. Railroad, 43 Mo. App. 424; Hull v. St. Louis, 138 Mo. 618; Lin v. Railroad, 10 Mo. App. 125; Crouch v. Railroad, 42 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) The rule that goods delivered in good order to an initial carrier, are presumed to continue so until they get into the possession of the carrier which delivers them- at the place of destination in a damaged condition cannot apply to highly perishable property. Flynn v. Railroad, 43 Mo. App. 424; Hull v. St. Louis, 138 Mo. 618; Lin v. Railroad, 10 Mo. App. 125; Crouch v. Railroad, 42 Mo. App. 248; Sweatland v. Railroad, 102 Mass. 276. (2) The carrier is not responsible for loss of goods where shipper has been…
1Opinion of the CourtReynolds, P. J.
(after stating the facts). — The first proposition made, among the twenty-one points in the very elaborate brief of the learned counsel for appellant, is that the rule that goods delivered in good order to an initial carrier are presumed to continue so until they get into the possession of the carrier which delivers them at the place of destination in a damaged *447condition, cannot apply to highly perishable property. Counsel cite in support of this position, Lin v. Terre Haute & Ind. R. Co., 10 Mo. App. 125; Crouch v. Louisville & Nashville Ry. Co., 42 Mo. App. 248; Flynn v. St. Louis & S. F.…
2Cases cited9 opinions
- Halliday v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1881
- Hull v. City of St. LouisSupreme Court of Missouri · 1897
- Swetland v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1869
- Heil v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1885
- Hurst v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Cudahy Packing Co. v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1916
- Bockserman v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1912
- Clemons Produce Co. v. Denver & Rio Grande RailroadMissouri Court of Appeals · 1920
- R. E. Funsten Dried Fruit & Nut Co. v. Toledo, St. Louis & Western RailroadMissouri Court of Appeals · 1912
- Vaughn v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1929
5 more not listed; retrieve them via the Exa API.