Legal Opinion

Armstrong v. Chicago, St. Paul & Kansas City Railway Co.

Missouri Court of Appeals

Decided May 20, 1895PublishedCited by 2 opinions

Appeal from the Jackson Circuit Court. — Hon. E. L. Soaeeitt, Judge. (1) Verdict should have been directed for defendant. The case is just as if a connecting carrier advances illegal charges to the first carrier. The shipper pays and his remedy is against the company making the wrong charge. Streeter v. Railroad, 40 Wis. 294, 298; Knight v. Railroad, 9 Am. and Eng.

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Appeal from the Jackson Circuit Court. — Hon. E. L. Soaeeitt, Judge. (1) Verdict should have been directed for defendant. The case is just as if a connecting carrier advances illegal charges to the first carrier. The shipper pays and his remedy is against the company making the wrong charge. Streeter v. Railroad, 40 Wis. 294, 298; Knight v. Railroad, 9 Am. and Eng. R. R. Cas., 90; Owen v. Railroad, 83 Mo. 454; Kilmer v. Railroad, 100 N. Y. 395; Kenneth v. Railroad, 15 S. Car. Law, 284. Neither at common law nor under the statute was there any liability. (2) 'Instruction number 1 erroneously…

1Opinion of the CourtSmith, P. J.

The plaintiff was engaged id buying and shipping wheat to Chicago. He entered into agreement with the Maple Leaf Elevator Company to handle his wheat in transit through it. By the term “handle,” it was understood that the elevator company was to clean, mix and load the wheat into the cars, for a stipulated charge. Under this agreement many car loads were handled by the elevator company. The manner in' which the business was conducted was, that the plaintiff would order the defendant to stop his cars of wheat at the elevator, and when ready to forward, he would bill them out, and the elevator…

2Cases cited3 opinions

  1. Bissel v. PriceIllinois Supreme Court · 1855
  2. Midland Lumber Co. v. KreegerMissouri Court of Appeals · 1893
  3. Streeter v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1876

3Cited by2 opinions

  1. Berry Coal & Coke Co. v. Chicago, Peoria & St. Louis Railway Co.Missouri Court of Appeals · 1906
  2. Evans & Hollinger v. Chicago & Alton RailroadMissouri Court of Appeals · 1898

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