Farr v. Adams Express Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court.— Mon. J. D. Perkins, Judge. (1) The defendant was only liable as a warehouseman and bound to take reasonable care of the property in its custody and was only answerable for loss occasioned by its fault or negligence. Gfáshweiler v. Railroad, 83 Mo. 112; Milling Co. v. Transit Co., 122 Mo. 275. (2) The plaintiff: alleged in her statement that the goods “were lost and destroyed through the negligence and carelessness of the defendant.”
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Appeal from Jasper Circuit Court.— Mon. J. D. Perkins, Judge. (1) The defendant was only liable as a warehouseman and bound to take reasonable care of the property in its custody and was only answerable for loss occasioned by its fault or negligence. Gfáshweiler v. Railroad, 83 Mo. 112; Milling Co. v. Transit Co., 122 Mo. 275. (2) The plaintiff: alleged in her statement that the goods “were lost and destroyed through the negligence and carelessness of the defendant.” She then admitted, as shown by a copy of the record, that the goods were destroyed without the carelessness or negligence of…
1Opinion of the CourtEllison, J.
Plaintiff charged that defendant express company received a package addressed to plaintiff at Joplin, Missouri, and negligently failed to deliver the same. The judgment was for plaintiff.
The petition charges that a party at Kansas City delivered to defendant a package addressed to plaintiff at Joplin, Missouri, and that, “by the carelessness and negligence of defendant said goods were lost and destroyed” and therefore never delivered to plaintiff. There was evidence in behalf of plaintiff from which it may be properly inferred (though it was not alleged) that the package was addressed to…
2Cases cited3 opinions
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- McCarty v. Rood Hotel Co.Supreme Court of Missouri · 1898
- Dlauhi v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1897
3Cited by2 opinions
- Hurst v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1906
- Bromley v. Hudson Lumber Co.Missouri Court of Appeals · 1907