Nathan v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Johnson Circuit Court. — Now. Nick M. Bradley, Judge. (1) Prima facie, the consignee is the person entitled to demand and receive the goods of the carrier at the place of destination, and to sue for any breach of the carrier’s contract.
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Appeal from Johnson Circuit Court. — Now. Nick M. Bradley, Judge. (1) Prima facie, the consignee is the person entitled to demand and receive the goods of the carrier at the place of destination, and to sue for any breach of the carrier’s contract. Cooley on Torts (1 ed.), p. 642; Dicey on Parties to Actions, sec. 350, p. 373; State v. Rosenherger, 111 S. W. 510; Davis v. Railway, 126 Mo. 77; State v. Wingfield, 115 Mo. 437; Kirkpatrick v. Railway, 86 Mo. 347; Harvey v. Railway, 74 Mo. 546; Thompson v. Fargo, 63 N. Y. 479; Thompson v. Fargo, 49 N. Y. 191; Krulder v. Ellison, 47 N. Y. 37; Dyer…
1Opinion of the CourtEllison, J.
This action is to recover tbe value of a box of merchandise alleged to bave been shipped by plaintiff from Warrensburg, Mo., to Weil, Pflaurn & Co., Chicago, Ill., and lost or destroyed by defendant. Tbe judgment in tbe trial court was for tbe plaintiff.
It would perhaps be going too far to say tbe evidence was sufficient to show that plaintiff ever shipped tbe box. It was shown that it was sent to defendant’s depot on Friday, by a drayman, who took along a written paper from plaintiff with directions where and to whom it was consigned. This writing was illegible and defendant’s agent told tbe…
2Cases cited2 opinions
- State v. RosenbergerSupreme Court of Missouri · 1908
- Thompson v. . FargoNew York Court of Appeals · 1875
3Cited by1 opinion
- Green City Auction Co. v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1943