Legal Opinion

Nenno v. Chicago, Rock Island & Pacific Railway Co.

Missouri Court of Appeals

Decided March 29, 1904PublishedCited by 6 opinions

Appeal from St. Louis City Circuit Court. — How. Darnel G. Taylor, Judge. (1) Under the contract in the case at bar, the liability of the appellant ceased at the end of its own line. By said contract the appellant undertook to forward or transport the property only to the end of its own line, and deliver it to a connecting carrier, and that it should not be liable for damages occurring beyond that point. Patterson v. Railroad, 56 Mo.

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Appeal from St. Louis City Circuit Court. — How. Darnel G. Taylor, Judge. (1) Under the contract in the case at bar, the liability of the appellant ceased at the end of its own line. By said contract the appellant undertook to forward or transport the property only to the end of its own line, and deliver it to a connecting carrier, and that it should not be liable for damages occurring beyond that point. Patterson v. Railroad, 56 Mo. App. 657; Minter Bros. v. Railroad, 56 Mo. App. 282; Orr v. Railroad, 21 Mo. App. 333; Snider v. Adams Express Co., 63 Mo. 376; Coates v. U. S. Express Co., 45…

1Opinion of the CourtReyburn, J.

(after stating the facts as above.)

1. In Coates v. U. S. Express Co., 45 Mo. 238, the Supreme Court of this State repudiated the English doctrine, that a carrier knowingly receiving a parcel consigned to' a given place, contracted to carry it there unless a different understanding was made known to the owner, and approved the American rule then prevailing, to the effect that no responsibility as a carrier is imposed upon the receiving carrier beyond its own line after due care in forwarding; unless business usage, the custom of' the carrier or its conduct showed that it received the freight…

2Cases cited26 opinions

  1. Hope v. BlairSupreme Court of Missouri · 1891
  2. Barnett v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878
  3. Brashears v. StrockSupreme Court of Missouri · 1870
  4. Ex parte O'BrienSupreme Court of Missouri · 1895
  5. State ex rel. St. Louis Underground Service Co. v. MurphySupreme Court of Missouri · 1896

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3Cited by6 opinions

  1. State Ex Rel. Townsend v. Mueller.Supreme Court of Missouri · 1932
  2. Saunders v. ScottMissouri Court of Appeals · 1908
  3. Warner v. CloseMissouri Court of Appeals · 1906
  4. Universal Credit Co. v. AxtellMissouri Court of Appeals · 1938
  5. Griffith v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1905

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