Marshall Medicine Co. v. Chicago & Alton Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. William B. Teasdale, Judge. (1) The shipment was not a through shipment to Preacher, Virginia, but to St. Louis only. McCann v. Eddy, 183 Mo. 68; Nenno v. Railway, 105 Mo. App. 549. (2) No authority was shown in the station agent to execute a bill of lading for a through shipment to Preacher, Virginia. Smith v. Railway, 112 M'o. App. 615; Sewing Machine Co. v. Railway, 70 Mo. 678; Minter Bros. v. Railway, 56 Mo.
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Appeal from Jackson Circuit Court. — Eon. William B. Teasdale, Judge. (1) The shipment was not a through shipment to Preacher, Virginia, but to St. Louis only. McCann v. Eddy, 183 Mo. 68; Nenno v. Railway, 105 Mo. App. 549. (2) No authority was shown in the station agent to execute a bill of lading for a through shipment to Preacher, Virginia. Smith v. Railway, 112 M'o. App. 615; Sewing Machine Co. v. Railway, 70 Mo. 678; Minter Bros. v. Railway, 56 Mo. App. 282; Faulkner v. Railway, 99 Mo. App. 424. (3) Plaintiff failed to prove any damages. Blackmer v. Railway, 101 Mo. App. 557. (4)…
1Opinion of the CourtBroahdus, P. J.
The plaintiff’s suit is to recover the value of certain goods shipped over defendant’s railroad, which it is alleged were not delivered to the consignees and were not returned to plaintiff. The bill. of lading shows that the goods, consisting of two barrels of medicine and two boxes of medicine, were received by defendant as a common carrier on the thirteenth day of October, 1902, to be transported and delivered to Brooks & Fuller, Preacher, Virginia. The goods were carried by defendant to St. Louis, Missouri, where it delivered them to its connecting carrier, the Louisville & Nashville…
2Cases cited17 opinions
- Union Railroad & Transportation Co. v. TraubeSupreme Court of Missouri · 1875
- Dimmitt v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1890
- Grover & Baker Sewing Machine Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1879
- Western Sash & Door Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1903
- D. Klass Commission Co. v. Wabash RailroadMissouri Court of Appeals · 1899
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3Cited by4 opinions
- Lewis v. Lowe & Campbell Athletic Goods Co.Supreme Court of Missouri · 1952
- Schneider v. Campbell 66 Express, Inc.Missouri Court of Appeals · 1959
- Fehrenbach Wine & Liquor Co. v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1914
- Miller v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1911