Steamboat Lynx v. King & Fisher
Supreme Court of Missouri
ERROR TO ST. LOUIS COURT OF COMMON PLEAS. STATEMENT OF THE CASE. King and Fisher brought their action against the S. B. Lynx, on a contract of affreightment. A parcel of wheat, (880 sacks) was sliiped on board the Lynx and her barges, from a place in Illinois, abovethe lower rapids, consigned to K. & F at, St. Louis. The barge that contained the wheat was brought down in tow by the Lynx, to the head of the rapids.
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ERROR TO ST. LOUIS COURT OF COMMON PLEAS. STATEMENT OF THE CASE. King and Fisher brought their action against the S. B. Lynx, on a contract of affreightment. A parcel of wheat, (880 sacks) was sliiped on board the Lynx and her barges, from a place in Illinois, abovethe lower rapids, consigned to K. & F at, St. Louis. The barge that contained the wheat was brought down in tow by the Lynx, to the head of the rapids. The water was too low for the boat to descend the rapids with her barges in tow, and therefore the barge which contained the wheat, (and other wheat belonging to others) after being…
1Opinion of the Court
Napton, judge,
delivered the opinion of the court.
The only question presented by this record, arises out of the refusal of the court to give an instruction asked on behalf of the boat, and the giving an instruction for the plaintiffs King and Fisher. The instruction given was this : “ It was the duty of the defendant to use all the means in his power to cause the wheat to be dried offer it was wet by the storm ; and if the jury believe from the evidence that the wheat
*275might have been dried by the defendant, and he did not do it, then the defendant is liable for all damages to the wheat by…
2Cited by1 opinion
- State v. LabreyereSupreme Court of Missouri · 1933