Fehrenbach Wine & Liquor Co. v. Atchison, Topeka & Santa Fe Railway Co.
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division No. Two . — Hon. David E. Blair, Judge. (1) United States deputy special officer, T. E. Sisson, bad lawful right to seize said liquor and take it out of tbe possession of tbe defendant and tbe defendant on that account is not liable for tbe loss of same. Sec. 2140, U. S. R. S.; Sec. 5750, Pierce’s U. S. Code; Fed.
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Appeal from Jasper County Circuit Court, Division No. Two . — Hon. David E. Blair, Judge. (1) United States deputy special officer, T. E. Sisson, bad lawful right to seize said liquor and take it out of tbe possession of tbe defendant and tbe defendant on that account is not liable for tbe loss of same. Sec. 2140, U. S. R. S.; Sec. 5750, Pierce’s U. S. Code; Fed. Statutes Annotated, Yol. 3, p. 386'. (2) Tbe action of tbe court in discharging tbe jury without tbe consent of tbe defendant was a denial of tbe constitutional right of a trial by jury. Sec. 28, art. n, Constitution of Mo.; Kansas…
1Opinion of the CourtSturgis, J.
The plaintiff, a wholesale liquor dealer of Joplin, Missouri, sues defendant, a common carrier, for the loss or conversion of several shipments of whiskey received by defendant at Joplin for transportation to, and delivery at, Caney, Kansas. The defendant admits the receipt of the liquors for that purpose and its failure to deliver same and seeks to justify such failure by alleging and proving a safe transportation of the liquors to Caney, Kansas, and its seizure there while being held for delivery at its freight house by a special officer of the United States, acting under the power and…
Also in this document: Concurrence.
2Cases cited32 opinions
- Bates v. ClarkSupreme Court of the United States · 1877
- Clairmont v. United StatesSupreme Court of the United States · 1912
- Heyman v. Southern Railway Co.Supreme Court of the United States · 1906
- Union Railroad & Transportation Co. v. TraubeSupreme Court of Missouri · 1875
- Flato v. MulhallSupreme Court of Missouri · 1880
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3Cited by3 opinions
- Klingenberg Son v. DavisMissouri Court of Appeals · 1925
- Shannon v. HinesMissouri Court of Appeals · 1920
- United States v. One Ford Five-Passenger AutomobileDistrict Court, E.D. Oklahoma · 1919