Kingman St. Louis Implement Co. v. Southern Railway Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) Plaintiff’s action is in tort and based upon tbe negligence of the defendant in failing to exercise ordinary care for the protection of plaintiff’s property while in its custody; and under the pleadings and evidence offered by plaintiff, the case should have gone to the jury. Davis v. Railroad, 89 Mo. 340; Lamar Mfg. Co. v. Railroad, 117 App. 453; Pinkerton v. Railroad, 117 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) Plaintiff’s action is in tort and based upon tbe negligence of the defendant in failing to exercise ordinary care for the protection of plaintiff’s property while in its custody; and under the pleadings and evidence offered by plaintiff, the case should have gone to the jury. Davis v. Railroad, 89 Mo. 340; Lamar Mfg. Co. v. Railroad, 117 App. 453; Pinkerton v. Railroad, 117 Mo. App. 288; Creamery Co. v. Railroad, 107 S. W. 462. (2) It is 'the duty of the common carrier not only to safely carry property to its…
1Opinion of the CourtBland, P. J.
Defendant contends that the non-suit was proper for the reason the evidence shows the three cars were delivered to plaintiff June sixth, on the Kingman switch, in good condition, and hence were not in defendant’s possession as connecting carrier, on June ninth, when they were submerged, as alleged in the petition. Plaintiff’s evidence tends to show that it had the right to inspect the cars after they were placed on the switch before accepting them. This right does not *327militate against defendant’s contention, that a delivery on the switch was a sufficient delivery to release it from liability…
2Cited by5 opinions
- Bianchi v. Montpelier & Wells River RailroadSupreme Court of Vermont · 1918
- McEntire v. Chicago, Rock Island & Pacific Railway Co.Nebraska Supreme Court · 1915
- H. T. Coker Construction Co. v. Whitfield Transportation, Inc.New Mexico Court of Appeals · 1974
- H. T. Coker Construction Co. v. Whitfield Transportation, Inc.New Mexico Court of Appeals · 1974
- Kirk v. Lehigh Valley Transportation Co.Missouri Court of Appeals · 1909