Phoenix Powder Manufacturing Co. v. Wabash Railroad
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.—Ho». H. D. Wood, Judge. (1) A contract, if disaffirmed, must be disaffirmed in toto. Estes v. Reynolds, 75 Mo. 563. (2) If a shipper receives a bill of lading at the time the shipment is made and does not object to its terms, either then or at any time before it is too late to recall the property in the absence of fraud or mistake he is bound by it.
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Appeal from St. Louis City Circuit Court.—Ho». H. D. Wood, Judge. (1) A contract, if disaffirmed, must be disaffirmed in toto. Estes v. Reynolds, 75 Mo. 563. (2) If a shipper receives a bill of lading at the time the shipment is made and does not object to its terms, either then or at any time before it is too late to recall the property in the absence of fraud or mistake he is bound by it. Can v. Railroad, 194 U. S. 427; O’Bryan v. Kinney, 74 Mo. 125; McFadden v. Railroad, 92 Mo. 343; Railroad v. Cleary, 77 Mo. 634; Kellerman v. Railroad, 136 Mo. 177; Arthur v. Railroad, 40 Am. and Eng. R.…
1Opinion of the CourtGantt, J.
—This is an appeal from a judgment of the circuit court of the city of St. Louis, for the plaintiff, for $1,548.97.
The action was for damages to the amount of two thousand dollars for a failure to safely carry from St. Louis to Twist, Texas, eight hundred kegs of blasting powder, eighty cases of forty per cent dynamite, and two barrels of D. T. fuse, and to deliver the same to W. R. Stubbs Contracting Company in as good condition as when received by defendant.
While enroute the car in which the said powder was stored, and said powder, were destroyed by fire and was never delivered. The…
2Cases cited7 opinions
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- St. Louis, Kansas City & Northern Railway Co. v. ClearySupreme Court of Missouri · 1883
- Kellerman v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1896
- Duvenick v. Missouri Pacific RailroadMissouri Court of Appeals · 1894
- Gerber v. Wabash RailroadMissouri Court of Appeals · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Kingshighway Presbyterian Church v. Sun Realty Co.Supreme Court of Missouri · 1930
- McElvain v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Mires v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908
- Phoenix Powder Manufacturing Co. v. Wabash RailroadMissouri Court of Appeals · 1906
- Diamond Match Co. v. Wabash RailroadMissouri Court of Appeals · 1906
1 more not listed; retrieve them via the Exa API.