Wilson v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Howell Circuit Court. — Eon. W. N. Evans •Judge. A shipper, for loss or misshipment of goods, can only recover the market value at the place of destination; and this is the rule even if the shipper had contracted to sell them at a special price above the market value, unless the carrier had notice at the time of shipment of the special price and purpose for which the shipment was made. And the plaintiff must plead and prove this notice. Rogan v. Railroad, 51 Mo.
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Appeal from Howell Circuit Court. — Eon. W. N. Evans •Judge. A shipper, for loss or misshipment of goods, can only recover the market value at the place of destination; and this is the rule even if the shipper had contracted to sell them at a special price above the market value, unless the carrier had notice at the time of shipment of the special price and purpose for which the shipment was made. And the plaintiff must plead and prove this notice. Rogan v. Railroad, 51 Mo. App. 665; Gray v. Railroad, 54 Mo. App. 671; Denning v. Railroad, 48 N. H. 455; Railroad v. Cole (Texas), 16 S. W. 176;…
1Opinion of the CourtGoode, J.
This plaintiff’s petition contained two causes of action, but we are only concerned with one. *349He alleged that in January, 1906, he loaded at Willow Springs, Missouri, on a car of the defendant company, a cargo of hogs destined for St. Joseph, Missouri, which defendant contracted to carry to said city and deliver to the Lee Live Stock Commission Company; that instead of doing so defendant carried the hogs to Kansas City and unloaded them there and in consequence of such unlawful shipment plaintiff was damaged in the sum of $150; that the said cargo of hogs was purchased especially for the…
2Cases cited10 opinions
- Illinois Central Railroad v. Cobb, Christy & Co.Illinois Supreme Court · 1872
- Harvey v. Connecticut & Passumpsic Rivers RailroadMassachusetts Supreme Judicial Court · 1878
- Rogan v. Wabash Railway Co.Missouri Court of Appeals · 1892
- Columbus & Western Railway v. Flournoy & EppingSupreme Court of Georgia · 1885
- Gray v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1893
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3Cited by3 opinions
- Walton v. A. B. C. Fireproof Warehouse Co.Missouri Court of Appeals · 1939
- Fehrenbach Wine & Liquor Co. v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1914
- Hahn v. St. Louis, Kansas City & Colorado Ry. Co.Missouri Court of Appeals · 1910