Glover v. Cape Girardeau & Southern Railway Co.
Missouri Court of Appeals
Appeal from Stoddard Circuit Court.— Hon. James L. ■ Fort, Judge. (1) A common carrier is the agent of the consignee, and is bound “to carefully watch tbe interest of the owner whoever he may be,” “He is bound to do this to the same extent that a prudent man. would, were he present acting for himself.”
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Appeal from Stoddard Circuit Court.— Hon. James L. ■ Fort, Judge. (1) A common carrier is the agent of the consignee, and is bound “to carefully watch tbe interest of the owner whoever he may be,” “He is bound to do this to the same extent that a prudent man. would, were he present acting for himself.” “Pie must see that the previous charges are reasonable before he is authorized to pay them, for it is not every overcharge, which every extortioner through whose hands goods pass in transitu may see fit to impose upon them, that he is authorized to pay, and thus fix upon the owner a certain…
1Opinion
OPINION ON MOTION POE BEHEAEING.
BLAND, P. J.
In the motion for rehearing appellant contends that the case of Briggs v. Railroad, 6 Allen 246, cited and followed in the- main opinion,, is not in point. It is true that the flour in. the Briggs case was marked to a wrong destination by the agents of the initial carrier. Nevertheless, it was held that, the connecting carrier had a right to assume that the shipper and the initial carrier had stipulated the terms of shipment, or if not, that the initial carrier was to be deemed the agent of the shipper and the connecting carriers had a right to so…
2Cases cited9 opinions
- Washington & Idaho Railroad Co. v. Coeur D'Alene Railway & Navigation Co.Idaho Supreme Court · 1889
- Marquette, Houghton & Ontonagon Railroad v. KirkwoodMichigan Supreme Court · 1880
- Schneider v. EvansWisconsin Supreme Court · 1870
- Wells v. ThomasSupreme Court of Missouri · 1858
- Bird v. Georgia RailroadSupreme Court of Georgia · 1884
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