Phoenix Powder Manufacturing Co. v. Wabash Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court . — Hon. E. E. Wood, Judge. STATEMENT. This action was instituted by the plaintiff corporation to recover the value of some blasting material, consisting of powder, dynamite and fuse, received by the defendant railroad company at the city of St. Louis, March 30, 1901, for transportation to Twist Junction, Texas, there to be delivered to the consignee, the Stubbs Contracting Company.
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Appeal from St. Louis City Circuit Court . — Hon. E. E. Wood, Judge. STATEMENT. This action was instituted by the plaintiff corporation to recover the value of some blasting material, consisting of powder, dynamite and fuse, received by the defendant railroad company at the city of St. Louis, March 30, 1901, for transportation to Twist Junction, Texas, there to be delivered to the consignee, the Stubbs Contracting Company. The petition alleges the delivery of the articles to the defendant and the latter’s agreement to safely carry them from St. Louis to Twist Junction and turn them over to…
1Opinion of the CourtGoode, J.
We think the learned circuit judge erred as regards the tehdency of the evidence to prove the property in "suit was destroyed as the result of the negligence of the connecting railway companies. To our minds there was plenty of evidence to warrant the inference that it was carelessness of a gross character to *453leave a car of explosives on the transfer track at Bowie during three or four days, and no reason was given why it was left there so long, instead of being promptly forwarded to its destination. The highly combustible nature of the property in the car was announced by a placard on the…
2Cases cited19 opinions
- York Company v. Central RailroadSupreme Court of the United States · 1866
- McMillan v. Mich. S. & N. I. R. R.Michigan Supreme Court · 1867
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Belger v. . DinsmoreNew York Court of Appeals · 1872
- St. Louis, Kansas City & Northern Railway Co. v. ClearySupreme Court of Missouri · 1883
14 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Beets v. TylerSupreme Court of Missouri · 1956
- McGregor v. Oregon R. & N. Co.Oregon Supreme Court · 1908
- Phoenix Powder Manufacturing Co. v. Wabash RailroadSupreme Court of Missouri · 1906
- Scott County Milling Co. v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1907
- Phoenix Powder Manufacturing Co. v. Wabash RailroadMissouri Court of Appeals · 1906
2 more not listed; retrieve them via the Exa API.