Davis v. Wabash, St. Louis & Pacific Railway Co.
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) There should have been no recovery in this case, for the following reasons: (a) The declaration is upon a contract, in which there is no privity shown between the plaintiffs and the defendant. Railroad n. Railroad, 30 Am.
Read the full summary
Appeal from St. Louis Court of Appeals. (1) There should have been no recovery in this case, for the following reasons: (a) The declaration is upon a contract, in which there is no privity shown between the plaintiffs and the defendant. Railroad n. Railroad, 30 Am. Rep. 23; s. c., 9 S. C. 325; Angelí on Carriers, sec. 429 ; Weed v. Railroad, 19 Wend. 234; Schouler’s Bailments, 572 ; School District, etc., v. Railroad, 102 Mass. 552 ; Bliss Code Pleading, sec. 234 et seq.; 2 Chitty Pleading [9 Am. Ed.] side p. 356, 355; Anchor Line r¡. Darter, 68 111. 369; Goxon v. Railroad, 5 Hurl. & N. 274;…
1Opinion of the CourtRa.y, J.
This action was begun by plaintiffs, to recover damages sustained by their goods, consisting of silks and other valuable dry goods, whilst in defendant’s possession, as a common carrier. Upon a trial in the circuit court, plaintiffs had a verdict and judgment in their favor, for $6184.29, from which defendant appealed to the St. Louis court of appeals, where the same was affirmed, and defendant has appealed therefrom to this court.
The goods, when damaged, were in course of transportation from New York to East St. Louis, by “The South Shore Line,” which it appears did a “transportation…
2Cases cited3 opinions
- Railroad Co. v. ReevesSupreme Court of the United States · 1870
- Read v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1875
- Davis v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1883
3Cited by40 opinions
- American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
- Newcomb v. New York Central & Hudson River RailroadSupreme Court of Missouri · 1902
- Ford v. Wabash Railway Co.Supreme Court of Missouri · 1927
35 more not listed; retrieve them via the Exa API.