Spooner v. Hannibal & St. Joseph Railroad
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. F. M. Black, Judge. Statement of case by the court. This was an action against the defendant as a common carrier of passengers. The petition alleged that the defendant as such carrier received the plaintiff as a passenger, together with one valise as baggage, to be Safely carried to Liberty, Missouri, and that the baggage was to be there delivered to the plaintiff.
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Appeal from Jackson Circuit Court, Hon. F. M. Black, Judge. Statement of case by the court. This was an action against the defendant as a common carrier of passengers. The petition alleged that the defendant as such carrier received the plaintiff as a passenger, together with one valise as baggage, to be Safely carried to Liberty, Missouri, and that the baggage was to be there delivered to the plaintiff. The petition alleged a failure on the part of the defendant to deliver the baggage, and further alleged “that by reason of the loss of the goods aforesaid plaintiff ’ s time was taken up and…
1Opinion of the Court
I
Hall, J.
At the beginning it may be well for us to say that the judgment rendered in this case can be upheld only on the ground of the defendant’s liability as a common carrier of passengers for the loss of the valise and its contents as.baggage. This is true, not only because the petition based the defendant’s liability upon such ground, but also because the evidence failed to establish any liability against the defendant upon any other ground. It is true that the plaintiff did testify to the payment by him of a charge made by the baggage-man of thirty-five cents for the transportation of…
Also in this document: Concurrence.
2Cases cited2 opinions
- Railroad Co. v. FraloffSupreme Court of the United States · 1879
- State ex rel. Chouteau v. LeffingwellSupreme Court of Missouri · 1873
3Cited by9 opinions
- Root v. New York Central Sleeping-Car Co.Missouri Court of Appeals · 1887
- Updyke v. WheelerMissouri Court of Appeals · 1889
- Hampton v. Pullman Palace Car Co.Missouri Court of Appeals · 1890
- Rossier v. Wabash RailroadMissouri Court of Appeals · 1906
- Head v. BecklenbergAppellate Court of Illinois · 1904
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