Hance v. Pacific Express Co.
Missouri Court of Appeals
Appeal from the Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. The instruction that under the evidence plaintiff could not recover was properly given. A carrier is not liable for losses due to the natural decay or inherent character of the goods shipped. Schouler on Bailments, p. 397; Hutchison on Carriers, sec. 222. A carrier is not a health or life insurer.
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Appeal from the Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. The instruction that under the evidence plaintiff could not recover was properly given. A carrier is not liable for losses due to the natural decay or inherent character of the goods shipped. Schouler on Bailments, p. 397; Hutchison on Carriers, sec. 222. A carrier is not a health or life insurer. Schouler on Bailments, p. 398; Story on Bailments, sec. 576 ; Hutchison on Carriers, sec. 218 ; Hussey v. The Saragossa, 3 Woods, 380 ; The Powhattan, 12 Fed. Rep. 376. When an animal sickens, dies or pines away while in transit,…
1Opinion of the CourtRombauer, P. J.
The plaintiff is a shipper oi poultry, and. the defendant a common carrier. On the twenty-third of May, 1889, the plaintiff delivered to the defendant at Montgomery City, Missouri, nineteen coops containing live poultry for transportation to St. Louis, Missouri. The poultry was apparently in a healthy condition, and the coops were well filled but not overcrowded. The weather was fair, and cool. The coops, when the shipment arrived in the city of St. Louis, were found stowed away in the center of the car three or four coops high, as is usual in such shipments. The express car was a large new…
2Cases cited3 opinions
- Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
- Witting v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1887
- Hussey v. The SaragossaU.S. Circuit Court for the Southern District of Georgia · 1876
3Cited by15 opinions
- Libby v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1909
- Hurst v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1906
- Robinson v. BushMissouri Court of Appeals · 1918
- Cash v. Wabash RailroadMissouri Court of Appeals · 1899
- Lachner Bros. v. Adams Express Co.Missouri Court of Appeals · 1897
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