Legal Opinion

Evans & Hollinger v. Chicago & Alton Railroad

Missouri Court of Appeals

Decided November 7, 1898PublishedCited by 1 opinion

Appeal from the Jackson Circuit Court. — Hon. E. L. Scaeeitt, Judge. The law is well settled that a common carrier is entitled to an implied lien on the goods carried for his own freight and for all advances made to previous carriers on a line of shipment, for freight earned by them extending back to the initial point of shipment. Armstrong v. Railroad, 62 Mo. App. 643; "Wells v. Thomas, 27 Mo. 17; s. c., 72 Am.

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Appeal from the Jackson Circuit Court. — Hon. E. L. Scaeeitt, Judge. The law is well settled that a common carrier is entitled to an implied lien on the goods carried for his own freight and for all advances made to previous carriers on a line of shipment, for freight earned by them extending back to the initial point of shipment. Armstrong v. Railroad, 62 Mo. App. 643; "Wells v. Thomas, 27 Mo. 17; s. c., 72 Am. Dec. 228 and note 243; Bissell v. Price, 16 111. 468; Edwards on Bailments [2 Ed.], secs. 645-652; 3 Blackstone’s Com., 160; Lawson on Usages and Customs, p. 238; Angelí on Carriers…

1Opinion of the CourtGill, J.

Statement. Plaintiffs, a commission firm at Kansas City and dealers in fruits, etc., sued the defendant for damages sustained by them by reason of defendant’s refusal to deliver a car load of grapes which had been shipped from Vine Valley a point on Lake Canandaigua in the state of New York to Kansas City. Hallowell & Wise bought the grapes at Vine Valley for shipment to Kansas City where they *474were to be sold by their agent. Vine Valley is situated on Lake Canandaigua and about twelve miles from Lake Landing a point touched by the Northern Central Railway Company. The grapes were carried from…

2Cases cited2 opinions

  1. Bissel v. PriceIllinois Supreme Court · 1855
  2. Armstrong v. Chicago, St. Paul & Kansas City Railway Co.Missouri Court of Appeals · 1895

3Cited by1 opinion

  1. Bennett Bros. Lumber Co. v. RobinsonCourt of Appeals for the Sixth Circuit · 1908

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