Frank v. Grand Tower & Carbondale Railway Co.
Missouri Court of Appeals
Appeal from the Gape Girardeau Court of Common Pleas. Hon. Alex. Ross, Judge, (1) The appellants safely transported the goods in question to Cape Girardeau several days before the fire, and they, not being called for by respondent, were stored in a reasonably safe warehouse.
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Appeal from the Gape Girardeau Court of Common Pleas. Hon. Alex. Ross, Judge, (1) The appellants safely transported the goods in question to Cape Girardeau several days before the fire, and they, not being called for by respondent, were stored in a reasonably safe warehouse. Appellant’s liability as a common carrier and insurer of goods then ceased, and, it became liable only for negligence as a •warehouseman; and, as respondent’s evidence failed to show any negligence on appellant’s part, the court ought to have given appellant’s demurrer to respondent’s evidence. Holtsclau v. Duff, 27 Mo.…
1Opinion of the CourtBond, J.
— This is an action for $135, brought before a justice for nondelivery of goods consigned to *183plaintiff at Cape Girardeau over the railroad of defendant. Plaintiff had judgment in.the justice’s court from which an appeal was taken to the Cape Girardeau court of common pleas, where plaintiff filed an amended petition averring the reception of the goods by defendant and their transportation to Cape Girardeau, their place of delivery, and their detention by defendant on its cars and in its warehouse for eight or ten days without notice to plaintiff of their arrival, and their destruction in the…
2Cases cited2 opinions
- Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Pindell v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1889
3Cited by5 opinions
- Ross v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1906
- Here & Frerichs Chemical Co. v. LineMissouri Court of Appeals · 1897
- Herf & Frerichs Chemical Co. v. Lackawanna LineMissouri Court of Appeals · 1903
- Morrison Tent & Awning Co. v. Illinois Central RailroadMissouri Court of Appeals · 1915
- American Railway Express Co. v. RhodyIndiana Court of Appeals · 1924