Faulkner v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Daviess Circuit Court. — Now. J. W. Alexander, Judge. (1) It is well settled in this State that a shipper can not hold a railroad company on a contract made with its local station agent for a shipment beyond the company’s line, unless it is shown that the local agent was authorized by the company to make such a contract, or that the course of business hadbeenthat ttLe agent had previously made contracts of that character which the company had accepted and acted…
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Appeal from Daviess Circuit Court. — Now. J. W. Alexander, Judge. (1) It is well settled in this State that a shipper can not hold a railroad company on a contract made with its local station agent for a shipment beyond the company’s line, unless it is shown that the local agent was authorized by the company to make such a contract, or that the course of business hadbeenthat ttLe agent had previously made contracts of that character which the company had accepted and acted upon, neither of which facts was shown in this case. Grover v. Railroad, 70 Mo. 672; Turner v. Railroad, 20 Mo. App. 632;…
1Opinion of the CourtSmith, P. J.
The plaintiff shipped from Altamont, a station on the line of defendant’s railway in this State, a carload of Hereford cattle, the destination of which was Childress, by the way of Bowie, another station on that part of defendant’s said railway line which extends into the State of Texas. Childress is a station on the Port Worth & Denver railway, 160 miles west of Bowie, the station where the latter railway intersects the defendant’s line. The cattle arrived at Bowie in a reasonably good condition, bat were delayed there for something like nineteen hoars before the Port Worth & Denver railway…
2Cases cited7 opinions
- Grover & Baker Sewing Machine Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1879
- Baker v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1886
- Turner v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1886
- Orr v. Chicago & Alton RailroadMissouri Court of Appeals · 1886
- Patterson v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1892
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3Cited by2 opinions
- Kissell v. Pittsburg, Fort Wayne & Chicago Railway Co.Missouri Court of Appeals · 1916
- Marshall Medicine Co. v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1907