Legal Opinion

Rosenstein v. Missouri Pacific Railway Co.

Missouri Court of Appeals

Decided November 11, 1884PublishedCited by 2 opinions

Appeal from the St. Louis Circuit Court, Barclay, J. The word “ package,’ as used in the bill of lading, is not applicable to corn in bulk. — McCoy v. Transportation Co., 42 Md. 499; Express Co. v. CrooTc, 44 Ala. 468 ; Bascowitz v. Express Co., 93 111. 523. A common carrier may, by contract, limit its common-law liability. — Read v. Railroad Co., 60 Mo. 199; Snyder v. Express Co., 63 Mo. 376.

1Opinion of the CourtBakewell, J.

The petition alleged that defendant was a corporation organized under the laws of the State of Missouri, and that at the time of the several transactions complained of, defendant was a common carrier of goods, chattels, and merchandise from the town of Charleston, in the State of Missouri, to the city of New York, in the State of New York. That on the 15th and 16th days of November, 1882, defendant, as common carrier aforesaid, received from plaintiff, at the town of Charleston, Mo., nineteen hundred and eighty-two bushels of bulk corn, to be carried by defendant to New York, and undertook…

2Cases cited2 opinions

  1. Lamb v. Camden & Amboy Railroad & Transportation Co.New York Court of Common Pleas · 1869
  2. Southern Express Co. v. CrookSupreme Court of Alabama · 1870

3Cited by2 opinions

  1. Cohen v. Cohen-Hurwitz Trucking Corp.City of New York Municipal Court · 1952
  2. Lane v. KolbSupreme Court of Alabama · 1890

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