F. W. Brockman Commission Co. v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit- Court. — Hon. Leo 8. BassieurJudge. (1) The court erred in refusing to strike out plaintiff’s third amended statement. Sec. 7585, R. S. 1909; Wehringer v. Ahlmeyer, 23 Mo. App. 280; Brennan v. McMenamy, 78 Mo. App. 130. (2) Defendant’s instruction No. 4 should have been given. The shipment was an interstate one, and the contract contained in the bill of lading as to the measure of damages was valid. Hamilton v. Railroad, 177 Mo.
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Appeal from St. Louis City Circuit- Court. — Hon. Leo 8. BassieurJudge. (1) The court erred in refusing to strike out plaintiff’s third amended statement. Sec. 7585, R. S. 1909; Wehringer v. Ahlmeyer, 23 Mo. App. 280; Brennan v. McMenamy, 78 Mo. App. 130. (2) Defendant’s instruction No. 4 should have been given. The shipment was an interstate one, and the contract contained in the bill of lading as to the measure of damages was valid. Hamilton v. Railroad, 177 Mo. App. 145; McElvain v. Railroad, 176 Mo. App. 382; American Mfg. Co. v. Railroad, 174 Mo. App. 484; Miller v. Railroad, 226 U. S.…
1Opinion of the CourtNortoni, J.
This is a suit in trover as for conversion. Plaintiff recovered and defendant prosecutes the appeal.
The controversy arises out of a shipment of a carload of peaches over defendant’s railroad from Malvern, Arkansas, to St. Louis, Missouri. The suit originated before a justice of the peace and found its way by appeal to the circuit court. In the circuit court an *610amended statement of the cause of action was filed, and it is argued the court erred in not striking the amendment from the files, for that it is said it amounts to a de]3arture. On considering the original statement filed before the…
2Cases cited5 opinions
- Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Supreme Court of the United States · 1916
- Sprague v. FollettSupreme Court of Missouri · 1886
- Kemper Mill Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1916
- People's State Savings Bank v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1915
- W. T. Hull & Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1895
3Cited by3 opinions
- Cudahy Packing Co. v. BixbyMissouri Court of Appeals · 1918
- The Ansaldo San Giorgio IDistrict Court, S.D. New York · 1933
- Davis v. ZimmernSupreme Court of Alabama · 1924