Bell v. St. Louis & Iron Mountain Railroad
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. The carrier’s liability ceases when the goods are unloaded at their place of destination, and are ready for removal by the consignee. — Whart. on Neg., sects. 570, 571. If after the arrival of the goods the consignee has a reasonable opportunity to remove them, and does not do so, he cannot hold the carrier as an insurer. — Fenner v. Railroad Go., 44 N. Y. 505; Pelton v. Railroad Go., 54 N. Y. 214. “The rule in respect to notifying…
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Appeal from St. Louis Circuit Court. The carrier’s liability ceases when the goods are unloaded at their place of destination, and are ready for removal by the consignee. — Whart. on Neg., sects. 570, 571. If after the arrival of the goods the consignee has a reasonable opportunity to remove them, and does not do so, he cannot hold the carrier as an insurer. — Fenner v. Railroad Go., 44 N. Y. 505; Pelton v. Railroad Go., 54 N. Y. 214. “The rule in respect to notifying consignees of the arrival of goods does not apply to railroads where the goods are delivered on time. — Rankin v. Railroad…
1Opinion of the CourtHayden, J.
This is an action against the defendant as a common carrier, to recover the value of goods delivered to it for transportation to Birge, Nichols & Co., consignees at Fulton, Arkansas. The petition alleged a failure to deliver the goods. The answer alleged that the goods were duly transported to Fulton; that the consignees were not ready to receive them ; that after search for the consignees, and waiting a reasonable time, the defendant caused the goods to be stored, for account of their owners, with warehousemen at Fulton, and that while in the warehouse the goods were destroyed by fire.
Upon…
2Cases cited9 opinions
- McMillan v. Mich. S. & N. I. R. R.Michigan Supreme Court · 1867
- Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1859
- Fenner v. . Buffalo and State Line R.R. Co.New York Court of Appeals · 1871
- Derosia v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1872
- Wood v. CrockerWisconsin Supreme Court · 1864
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3Cited by3 opinions
- Pindell v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1889
- Scott County Milling Co. v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1907
- Hubbard v. Mobile & Ohio Railway Co.Missouri Court of Appeals · 1905