Grover & Baker Sewing Machine Co. v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jackson Special Law and Equity Court.—Hon. R. E. Cowan, Judge. 1. No authority in Lee is shown to make the contract. Wharton on Agency, §§ 127, 129,137, 459; Farnsworth v. Brunquest, 36 Wis. 202; Pole v. Leash, 33 L. J. Eq. 155; Burroughs v. R. R., 100 Mass. 26; Wait v. R. R., 5 Lansing (N. Y.) 475; Dean v. King, 22 Ohio St. 118. 2. A railroad company cannot be required, as a common carrier, to deliver goods at a point beyond or off its own line of road.
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Appeal from Jackson Special Law and Equity Court.—Hon. R. E. Cowan, Judge. 1. No authority in Lee is shown to make the contract. Wharton on Agency, §§ 127, 129,137, 459; Farnsworth v. Brunquest, 36 Wis. 202; Pole v. Leash, 33 L. J. Eq. 155; Burroughs v. R. R., 100 Mass. 26; Wait v. R. R., 5 Lansing (N. Y.) 475; Dean v. King, 22 Ohio St. 118. 2. A railroad company cannot be required, as a common carrier, to deliver goods at a point beyond or off its own line of road. People v. R. R. Co., 55 Ill. 95 ; Cobb v. R. R. Co., 38 Iowa 601. 1. Railroad corporations have power implied in their general…
1Opinion of the Court
Henry, J. —
This was an action in the Jackson special law and equity court to recover of defendant damages for the loss of a sewing machine shipped over its road from Kansas City to Osceola, Mo., to one James N. Thompson. The answer alleged that Osceola is not on the line of defendant’s road, and that defendant made no contract to transport the sewing machine to that point. There was a judgment for plaintiff from which defendant has appealed.
The evidence shows that defendant was operating a road from Kansas City to St. Louis, which, at Sedalia, Mo., connects with the Missouri, Kansas & Texas…
2Cases cited3 opinions
- Burroughs v. Norwich & Worcester RailroadMassachusetts Supreme Judicial Court · 1868
- Burtis v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1862
- Lane v. GoodwinSupreme Judicial Court of Maine · 1860
3Cited by21 opinions
- Houston & T. C. R'y Co. v. HillTexas Supreme Court · 1885
- Baker v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1886
- Crouch v. Louisville & Nashville RailroadMissouri Court of Appeals · 1890
- Turner v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1886
- Loomis v. Wabash, St. Louis & Pacific Ry. Co.Missouri Court of Appeals · 1885
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