Watkins National Bank v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. John Gr. Park, Judge. (1) The letters of Boisseau, dated September 7 and 17, 1903, and November 6, 1903, were inadmissible in evidence, as they were in no manner a part of the res gestae connected with issuing the bills of lading on May 28 and May 29, 1903; nor was.there any evidence of any authority having been given to Mr. Boisseau to make any admission of any kind on behalf of the company. Helm v. Railroad, 98 Mo.
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Appeal from Jackson Circuit Court. — Eon. John Gr. Park, Judge. (1) The letters of Boisseau, dated September 7 and 17, 1903, and November 6, 1903, were inadmissible in evidence, as they were in no manner a part of the res gestae connected with issuing the bills of lading on May 28 and May 29, 1903; nor was.there any evidence of any authority having been given to Mr. Boisseau to make any admission of any kind on behalf of the company. Helm v. Railroad, 98 Mo. App. 425; Midland Lbr. Co. v. Kreeger, 52 Mo. App. 422; Bevis v. Railroad, 26 Mo. App. 19; McDermott y. Railroad, 73 Mo. 516; Adams v.…
1Opinion of the CourtEllison, J.
Plaintiff brought this action to recover damages charged to have been sustained by reason of defendant’s having issued two bills of lading in violation of chapter 79, Revised Statutes 1899. It recovered judgment in the trial court.
I. It appears that two cars of flour were shipped from a point in western Kansas to Kansas City, Missouri, over the Missouri Pacific Railway Company. That the bills of lading therefor were owned by one Pierson, and were mailed from point of shipment to his agent at Kansas City. After the flour arrived in Kansas City and was on the track of the Missouri Pacific, and…
2Cases cited8 opinions
- Pollard v. VintonSupreme Court of the United States · 1882
- Schooner Freeman, &C. v. BuckinghamSupreme Court of the United States · 1856
- The "Idaho."Supreme Court of the United States · 1877
- Louisiana National Bank v. LaveilleSupreme Court of Missouri · 1873
- Smith v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1895
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