Central American Steamship Co. v. Mobile & Ohio Railroad
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. A. F. Evans, Special Judge. (1) The shipment in this case having originated in Alabama and the bill of lading having been issued there, it is not affected by the statute of this State (R. S. 1899, sec. 5222), but all rights and liabilities will be governed and controlled by the common law. Coal & Coke Co. v. Railroad, 116 Mo. App. 224; Cronch v. Railroad, 42 Mo.
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Appeal from Jackson Circuit Court. — Hon. A. F. Evans, Special Judge. (1) The shipment in this case having originated in Alabama and the bill of lading having been issued there, it is not affected by the statute of this State (R. S. 1899, sec. 5222), but all rights and liabilities will be governed and controlled by the common law. Coal & Coke Co. v. Railroad, 116 Mo. App. 224; Cronch v. Railroad, 42 Mo. App. 248; Otis & Co. v. Railroad, 112 Mo. 628; Nemo v. Railroad, 105 Mo. 54Í): (2) Under the common law a common carrier receiving goods for transportation to a point beyond its own line,…
1Opinion of the CourtJohnson, J.
Plaintiff sued the Mobile & Ohio Railroad Company (hereinafter referred to as the initial carrier) and the St. Louis & San Francisco Railroad Company (referred to as the connecting carrier) to recover the value of a carload of bananas delivered to the initial carrier at Mobile, Alabama, for transportation to Kansas City and for delivery at that place to W. H. Wells & Son, the consignees named in the bill of lading. Trial to the court, without the aid of a jury, resulted in a judgment for plaintiff against both defendants. An appeal was taken by each defendant and the controversy presented by…
2Cases cited10 opinions
- Marshall & Michel Grain Co. v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1903
- Lavin v. Grand Lodge of the Ancient Order of United WorkmenMissouri Court of Appeals · 1905
- Western Sash & Door Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1903
- Atchison v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1883
- Hamer v. CookSupreme Court of Missouri · 1893
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3Cited by1 opinion
- Bennett v. Chicago, Rock Island & Pacific RailroadMissouri Court of Appeals · 1910