Scott County Milling Co. v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from Mississippi Circuit Court.—Hon. Henry G. liiiey, Judge. (1) The defendant is not liable in this case because the loss was caused by fire, for which the bill of lading expressly provided that the defendant should not be liable. No negligence of defendant caused the fire or contributed to it.
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Appeal from Mississippi Circuit Court.—Hon. Henry G. liiiey, Judge. (1) The defendant is not liable in this case because the loss was caused by fire, for which the bill of lading expressly provided that the defendant should not be liable. No negligence of defendant caused the fire or contributed to it. Standard Milling Co. v. Transit Co., 122 Mo. 258; Gashweiler v. Railroad, 83 Mo. 112; Davis v. Railroad, 89 Mo. 340; Witting v. Railroad, 101 Mo. 631; Otis Co. v. Railroad, 112 Mo. 622. (2) Nor can defendant be held liable, because the bill of lading expressly stipulated that for any loss or…
1Opinion of the CourtGoode, J.
This action was brought to recover the value of a carload of flour shipped by the respondent, or its predecessor, the Bowman Mathews Milling Com*84pany, from Sikeston, Missouri, to Yazoo Oity, Mississippi, and destroyed by fire at the latter point while still in the custody of the appellant as a common carrier, it is alleged; Respondent, the Scott County Milling Company, a corporation,- was formed May 20, 1904, by the consolidation of two other milling companies, the Greer-Ebert and the Bowman-Mathews. The flour was delivered to the appellant by the Bowman-Mathews Milling Company on January 12,…
2Cases cited7 opinions
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- Ward v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1900
- Marshall & Michel Grain Co. v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1903
- Freeman & Hinsen v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hopper Paper Co. v. Baltimore & O.R. CoCourt of Appeals for the Seventh Circuit · 1949
- Blackmer & Post Pipe Co. v. Mobile & Ohio RailroadMissouri Court of Appeals · 1909
- Keithley v. LuskMissouri Court of Appeals · 1915
- Harrington v. Chicago, Rock Island & Pacific Ry. Co.Missouri Court of Appeals · 1910
- Simmons Hardware Co. v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1909
1 more not listed; retrieve them via the Exa API.