Davis v. Wabash, St. Louis & Pacific Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Adams, J. It thus appearing, from the plaintiffs’ evidence, that the injury complained of was the result of the “ act of God,” as the proximate cause, the defendant was entitled to a verdict. — 2 Thomp. on Neg. 1227, note 2 ; Harris v. Paclcivood, 3 Taunt. 264; Beardslee v. Richardson. 11 Wend. 26; Browne v. Johnson, 29 Texas, 43; Larnt v. Railroad Co., 46 N. Y. 271; Jaclcson v. Railroad Co., 23 Cal. 268; Whart. on Neg., sects. 129,…
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Appeal from the St. Louis Circuit Court, Adams, J. It thus appearing, from the plaintiffs’ evidence, that the injury complained of was the result of the “ act of God,” as the proximate cause, the defendant was entitled to a verdict. — 2 Thomp. on Neg. 1227, note 2 ; Harris v. Paclcivood, 3 Taunt. 264; Beardslee v. Richardson. 11 Wend. 26; Browne v. Johnson, 29 Texas, 43; Larnt v. Railroad Co., 46 N. Y. 271; Jaclcson v. Railroad Co., 23 Cal. 268; Whart. on Neg., sects. 129, 661; Livzey v. Philadelphia, 64 Pa. St. 106. The court below improperly permitted the plaintiffs to introduce in rebuttal…
1Opinion of the CourtBakewell, J.
Plaintiffs are co-partners, doing business in St. Louis. Defendant is a common carrier between Toledo and East St. Louis ; and, together with the Lake-Shore and New York, and Lake Erie and Western Eailways, formed a line of connecting roads, over which the business of a fast freight transportation company called the South Shore Line, carried goods.
On February 5, 1881, this South Shore Line contracted with plaintiffs to transport for them from New York to East St. Louis, certain silks and other dry goods, valued at about $10,000. Under this agreement the South Shore *452Line received the goods ;…
2Cases cited3 opinions
- Railroad Co. v. ReevesSupreme Court of the United States · 1870
- Wolf v. American Express Co.Supreme Court of Missouri · 1869
- Read v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1875
3Cited by5 opinions
- Davis v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1886
- Gratiot Street Warehouse Co. v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1907
- Procter v. LoomisMissouri Court of Appeals · 1889
- Brooks v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1889
- St. Louis, Kansas City & Colorado Railway Co. v. NorthMissouri Court of Appeals · 1888