Herf & Frerichs Chemical Co. v. Lackawanna Line
Missouri Court of Appeals
Appeal from the Si. Louis City Circuit Court. — Hon. James E. Withrow, Judge. * * 'x' Tbe evidence at the second and third trials on the question whether the arrival notices had been received by defendant, was exactly the same, consisting of the same deposition and other evidence on this point at each trial. The issues were also identical.
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Appeal from the Si. Louis City Circuit Court. — Hon. James E. Withrow, Judge. * * 'x' Tbe evidence at the second and third trials on the question whether the arrival notices had been received by defendant, was exactly the same, consisting of the same deposition and other evidence on this point at each trial. The issues were also identical. At the second trial, as at the third, there was a demurrer to the plaintiff’s evidence, which was overruled, and defendant’s exception went into the record for this court. The effect of that evidence was, therefore, considered and ruled upon by this court,…
1Opinion of the CourtBond, J.
This is the second appeal in this case, the former appeal being disposed of in 70 Mo. App., page 274. The petition is against the defendant as carrier for non-delivery of a case of chemicals. The answer in addition to a denial, set up a special contract, and pleaded compliance, relieving the defendant from liability as carrier upon transportation on time of the goods, and making it in that event the duty of the consignee to remove the goods from the station at the point of destination within a specified time, in default of which defendant should be entitled, to store them at the owner’s risk.…
2Cases cited4 opinions
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- Bigelow v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1892
- Bird v. SellersSupreme Court of Missouri · 1893
- Here & Frerichs Chemical Co. v. LineMissouri Court of Appeals · 1897
3Cited by4 opinions
- Moore v. RenickMissouri Court of Appeals · 1902
- Brown v. HinesMissouri Court of Appeals · 1923
- Herf & Frerichs Chemical Co. v. Lackawanna LineMissouri Court of Appeals · 1900
- Leffler v. Anheuser-Busch Brewing Ass'nMissouri Court of Appeals · 1907