Western Sash & Door Co. v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. (1) The law presumes, in the absence of evidence to the contrary, that where freight is shipped over more than one road and at the time it reaches its destination is in a damaged condition, the damages occurred on the road of the last carrier. Flynn v. Railroad, 43 Mo. App. 439; Crouch v. Railroad, 42 Mo. App. 248; Lin v. Railroad, 10 Mo. App. 131; Hutchison on Carriers (1 Ed.), sec. 761, p. 589; 6 Am. and Eng. Ency.
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Transferred from Kansas City Court of Appeals. (1) The law presumes, in the absence of evidence to the contrary, that where freight is shipped over more than one road and at the time it reaches its destination is in a damaged condition, the damages occurred on the road of the last carrier. Flynn v. Railroad, 43 Mo. App. 439; Crouch v. Railroad, 42 Mo. App. 248; Lin v. Railroad, 10 Mo. App. 131; Hutchison on Carriers (1 Ed.), sec. 761, p. 589; 6 Am. and Eng. Ency. Law (2 Ed.), 652. (2) Under the contract in this case the liability of appellant ceased at its own line. By said contract appellant…
1Opinion of the CourtFox, J.
This action was commenced before a justice of the peace in Jackson cpunty, September 28, 1898, by filing the following statement:
“Kansas City, Mo., July 29, 1898.
“Chicago, Rock Island & P. Ry. Co., To Western Sash & Door Co., Dr.
“To damages for negligently breaking a window 40x70 op’g., No. 67, shipped from Kansas City, Mo., to Blackwell, O. T., July 20, 1898, $6.75
“To freight paid on same to Blackwell,.........41
$7.16”
The case was tried in justice’s court, October 14, 1898, taken under advisement, and judgment rendered ■in favor of plaintiff on October 17, 1898, and appealed to the circuit…
2Cases cited8 opinions
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- Marshall & Michel Grain Co. v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1903
- McCann v. EddySupreme Court of Missouri · 1896
- Dimmitt v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1890
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