Legal Opinion

Minter v. Pacific Railroad

Supreme Court of Missouri

Decided October 15, 1867PublishedCited by 14 opinions

Appeal from St. Louis Circuit Court. I. I£ there is any point established in the law of carriers, it is that before the carrier can be held responsible, the property must have been delivered to him or his proper servant— Ang. on Car. §§ 143-6 ; Ford v. Mitchell, 21 Ind. 54 ; Packard v. Getman, 6 Cow. 757; Trowbridge v. Chapin, 23 Conn. 595 ; Tower v. Utica & Schen. R.R. 7 Hill, 47 ; ILd. Raym. 46 ; Edw.

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Appeal from St. Louis Circuit Court. I. I£ there is any point established in the law of carriers, it is that before the carrier can be held responsible, the property must have been delivered to him or his proper servant— Ang. on Car. §§ 143-6 ; Ford v. Mitchell, 21 Ind. 54 ; Packard v. Getman, 6 Cow. 757; Trowbridge v. Chapin, 23 Conn. 595 ; Tower v. Utica & Schen. R.R. 7 Hill, 47 ; ILd. Raym. 46 ; Edw. Bail. 446. It must be a servant entrusted by the carrier to receive the goods, and not to one engaged in other duties — Blanchard v. Isaacs, 3 Barb. 388. It must be to a servant authorized to…

1Opinion of the CourtWagner, Judge

Plaintiff brought his action in the court below against the defendant, as a common carrier, for the value of a piece of carpeting, alleged to have been delivered to the defendant for transportation from St. Louis to Kansas City, and by. the defendant lost. The defendant denied that the carpeting was ever delivered to it, and on this fact issue was joined. The facts appear to be that, on or about the 20th of October, 1865, plaintiff came to defendant’s passenger depot at St. Louis, Missouri, having with him a trunk and the piece of carpeting in controversy ; that, having purchased a ticket to…

2Cases cited1 opinion

  1. Blanchard v. IsaacsNew York Supreme Court · 1848

3Cited by14 opinions

  1. Harriman v. StoweSupreme Court of Missouri · 1874
  2. Garretzen v. DuenckelSupreme Court of Missouri · 1872
  3. Sloman v. . Great Western Railway Co.New York Court of Appeals · 1876
  4. Kansas City, Fort Scott & Memphis Railway Co. v. McGaheySupreme Court of Arkansas · 1897
  5. Keith v. Herschberg Optical Co.Supreme Court of Arkansas · 1886

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