Pindell v. St. Louis & Hannibal Railway Co.
Missouri Court of Appeals
Appeal from the Hannibal Court of Common Pleas. Hon. Thomas H. Bacon, Judge. The petition in this case alleges a failure to deliver the goods to consignee at Hannibal. The answer denies that the goods were received by the defendant. The instructions wholly ignore defendant’s duty to hold the wheat a reasonable length of time for inspection, and if not called for by the consignee, to safely store the wheat. Bell v. Railroad, 6 Mo.
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Appeal from the Hannibal Court of Common Pleas. Hon. Thomas H. Bacon, Judge. The petition in this case alleges a failure to deliver the goods to consignee at Hannibal. The answer denies that the goods were received by the defendant. The instructions wholly ignore defendant’s duty to hold the wheat a reasonable length of time for inspection, and if not called for by the consignee, to safely store the wheat. Bell v. Railroad, 6 Mo. App. 363 ; Machine Co. v. Railroad, 71 Mo. 203. Consignees should not be required to search over a city of fifteen thousand people, among the side-tracks, and places…
1Opinion of the CourtBiggs, J.
This is an action against the defendant as a common carrier, for the violation of a contract of affreightment. The petition is in the usual form, and alleges that defendant is a common carrier, and owned and operated a line of railway from Frankford, Pike county, Missouri, to the city of Hannibal, in said state. That on the twenty-fourth day of February, 1887, plaintiffs caused to be delivered to defendant at Frankford a carload of wheat, to be shipped and delivered to plaintiffs in said city of Hannibal, and that defendant received said wheat, but failed to deliver it to plaintiffs, whereby *679i…
2Cases cited5 opinions
- Gashweiler v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- Buddy v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1886
- Wilson Sewing Machine Co. v. Louisville & Nashville RailroadSupreme Court of Missouri · 1879
- Kansas City Transfer Co. v. NeiswangerMissouri Court of Appeals · 1885
- Bell v. St. Louis & Iron Mountain RailroadMissouri Court of Appeals · 1878
3Cited by10 opinions
- Missouri Pacific Railway Co. v. Wichita Wholesale Grocery Co.Supreme Court of Kansas · 1895
- Jones v. ThompsonSupreme Court of Missouri · 1950
- Keithley v. LuskMissouri Court of Appeals · 1915
- Frank v. Grand Tower & Carbondale Railway Co.Missouri Court of Appeals · 1894
- Here & Frerichs Chemical Co. v. LineMissouri Court of Appeals · 1897
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