Schwab v. Union Line
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Boyle, J. “In respect to the time of delivery the defendant was responsible only for due diligence, and was only bound to transport and deliver the goods in a reasonable time, and without unnecessary delay.”— Clark v. Railroad Co., 39 Mo. 190 (citing Parsons v. Hardy, 14 Wend. 215). This is in accordance with the current of authority.
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Appeal from the St. Louis Circuit Court, Boyle, J. “In respect to the time of delivery the defendant was responsible only for due diligence, and was only bound to transport and deliver the goods in a reasonable time, and without unnecessary delay.”— Clark v. Railroad Co., 39 Mo. 190 (citing Parsons v. Hardy, 14 Wend. 215). This is in accordance with the current of authority. “As to the duty to carry within a reasonable time, the carrier’s responsibility is only that of an ordinary bailee for hire.” —Hutch, on Car., sect. 328. “ The question is only one of reasonable diligence, and accident or…
1Opinion of the CourtBakewell, J.
This was an action for damages alleged to have been occasioned by the breach of the duty of defendant as a common *161carrier. It is claimed that there was unreasonable delay in the transportation of plaintiff’s goods from New York to St. Louis, in consequence of which they depreciated in value. The verdict and judgment were for plaintiff.
There was evidence tending to show the following state of facts: —
Defendant is a through freight line, conveying goods between New York and St. Louis over connecting lines of railroad, of which the last, at the western end, is the Terre Haute and Indianapolis…
2Cases cited6 opinions
- Read v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1875
- Michigan Central Railroad v. BurrowsMichigan Supreme Court · 1875
- Wibert v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1855
- Faulkner v. South Pacific RailroadSupreme Court of Missouri · 1873
- Tucker v. Pacific RailroadSupreme Court of Missouri · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Vencill v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1908
- Nashville, Chattanooga & St. Louis Railway v. Columbia Produce Co.Court of Appeals of Tennessee · 1930