Lord & Bushnell Co. v. Texas & New Orleans Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. George H. Williams, Judge. The court erred in refusing to direct a verdict for defendant, (a) The contract covering this shipment was made in Texas. The statutes of that state were not offered in evidence, and, as there is no presumption that the statutes of one state exist in another state, the rule of the .common law must control in the interpretation of this hill of lading and the defendant’s liability there under.
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Appeal from St. Louis City Circuit Court. — Hon. George H. Williams, Judge. The court erred in refusing to direct a verdict for defendant, (a) The contract covering this shipment was made in Texas. The statutes of that state were not offered in evidence, and, as there is no presumption that the statutes of one state exist in another state, the rule of the .common law must control in the interpretation of this hill of lading and the defendant’s liability there under. Morrisey v. Ferry Co., 57 Mo. 521; Eckles v. Railroad, 112 Mo. App. 240; McLendon v. Railroad, 95 S. W. 943; Nenno v. Railroad,…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff: through the breach of a contract of carriage. *179Plaintiff recovered and defendant prosecutes the appeal.
Plaintiff is an incorporated company engaged in the lumber business in the city of Chicago, Illinois, and defendant is an incorporated railroad company engaged in the business of a common carrier of goods between the towns of Hyatt, and Dallas, Texas. It appears plaintiff’s consignor consigned a carload of lumber to it over defendant’s railroad at Hyatt, Texas, for delivery to plaintiff at Chicago, Illinois, with routing directions via_…
2Cases cited7 opinions
- Condict v. Grand Trunk Railway CompanyNew York Court of Appeals · 1873
- Western Sash & Door Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1903
- Coates v. United States Express Co.Supreme Court of Missouri · 1870
- G., H. & H. R'y Co. v. AllisonTexas Supreme Court · 1883
- Crouch v. Louisville & Nashville RailroadMissouri Court of Appeals · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Elder, Dempster & Co. v. St. Louis Southwestern Railway Co.Texas Supreme Court · 1913
- Bockserman v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1912
- Wallace v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1913
- Central of Georgia Railway Co. v. CouncilSupreme Court of Georgia · 1927
- Chesapeake & Ohio Railway Co. v. W. G. Ward Lumber Co.Ohio Court of Appeals · 1913
2 more not listed; retrieve them via the Exa API.