Marshall & Antles v. Kansas City, Fort Scott & Memphis Railway Co.
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. Jos. D. Perkins, Judge. (1) All the evidence in the case proves the contract on part of respondent to transport appellants’ corn to Little Rock, and that the agent of respondent’s road at Joplin, Missouri, had authority to 'make such a contract. And having made such a contract, respondent, in same contract, can not limit its liability to the terminus of its own line.
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Appeal from the Jasper Circuit Court. — Hon. Jos. D. Perkins, Judge. (1) All the evidence in the case proves the contract on part of respondent to transport appellants’ corn to Little Rock, and that the agent of respondent’s road at Joplin, Missouri, had authority to 'make such a contract. And having made such a contract, respondent, in same contract, can not limit its liability to the terminus of its own line. R. S. 1889, sec. 944; McCann v. Eddy, 133 Mo. 59. (2) The issuance of a receipt or bill of lading for property to be carried to a point beyond the terminus of the road of the carrier…
1Opinion of the CourtEllison, J.
— Plaintiff charges defendant with converting a car load of corn. The conversion consisted in a connecting carrier making delivery at the point of destination.
Statement. The facts necessary to determine the cáse are these: Plaintiff delivered to defendant, at Joplin, Missouri, a car load of corn for shipment to Little Rock, Arkansas. Defendant's line of road does not reach Little Rock, the nearest point being Jonesborough where it connects with another line running to Little Rock. The freight was paid to defendant to Little Rock and defendant exe*83cuted a bill of lading for the grain,…
2Cases cited3 opinions
- McCann v. EddySupreme Court of Missouri · 1896
- Dimmitt v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1890
- State National Bank v. Chicago Great Western Railway Co.Missouri Court of Appeals · 1897
3Cited by13 opinions
- Marshall & Michel Grain Co. v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1903
- Western Sash & Door Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1903
- Popham v. BarnardMissouri Court of Appeals · 1899
- Meyers v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1906
- Samuel Hardin Grain Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1906
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