Berry Coal & Coke Co. v. Chicago, Peoria & St. Louis Railway Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. The defendant is charged with the liability of a connecting carrier. In order to render it liable as such it must he shown that the goods were received by it under the original contract, or that there was some traffic agreement between the initial carrier and tbe one charged as a connecting carrier.
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Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. The defendant is charged with the liability of a connecting carrier. In order to render it liable as such it must he shown that the goods were received by it under the original contract, or that there was some traffic agreement between the initial carrier and tbe one charged as a connecting carrier. The defendant, in all events, had the right to require the consignee to sign the average bond before delivering the cement. Sweeney v. Thompson, 39 Fed. 121; Ins. Co. v. Parker, 2 Pick. 1; Lee v. Grinnell, 5 Duer. 400; Phummer…
1Opinion of the CourtGoode, J.
(after stating the facts). — No bill of lading or contract of affreightment was put in evidence, nor was there any proof regarding that contract. The *223answer, however, says the cement was delivered to the Steamer Seneca by the Lehigh Valley Railroad Company and the agreed, facts show it passed from the Seneca, or its owner, the Lehigh Valley Transportation Company, into the custody of the Atchison, Topeka & Santa Fe Railroad Company for further transportation, and then into the custody of the defendant. But it does not appear whether the reception of the property by the several carriers was…
2Cases cited15 opinions
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Nanson v. JacobSupreme Court of Missouri · 1887
- Bissel v. PriceIllinois Supreme Court · 1855
- Jifkins v. SweetzerSupreme Court of the United States · 1880
- Conrad v. De MontcourtSupreme Court of Missouri · 1897
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3Cited by8 opinions
- Dreyfuss v. Pennsylvania RailroadAppellate Terms of the Supreme Court of New York · 1915
- Michigan Central Railroad v. S. J. Peabody Lumber Co.Indiana Court of Appeals · 1921
- Southern Pacific Co. v. LarabeeSupreme Court of Kansas · 1913
- Arizona Eastern Railroad v. StewartArizona Supreme Court · 1915
- Cantwell v. Terminal RailroadMissouri Court of Appeals · 1911
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