Cohen v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Dml. Q. Taylor, Judge. (1) “Reconsignment orders” made new contract for through shipment. After the original contract of carriage ended by arrival in St. Louis, defendant accepted orders to ship cars to another point; these orders and acceptance constituted new contracts of carriage beyond its own line, and bound defendant to deliver accordingly within reasonable time. R. S. 1899, sec. 1082; Klass Com.
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Appeal from St. Louis City Circuit Court. — Eon. Dml. Q. Taylor, Judge. (1) “Reconsignment orders” made new contract for through shipment. After the original contract of carriage ended by arrival in St. Louis, defendant accepted orders to ship cars to another point; these orders and acceptance constituted new contracts of carriage beyond its own line, and bound defendant to deliver accordingly within reasonable time. R. S. 1899, sec. 1082; Klass Com. Co. v. Wabash Railway, 80 Mo. App. 164; M'yres v. Diamond Joe Line, 58 Mo..App. 201; Guinn v. Railroad, 20 Mo. App. 453; Pruitt v. Railroad, 62…
1Opinion of the CourtNortoni, J.
The plaintiff, a dealer, was the owner and consignee of five cars of scrap iron, shipped to him from some point in Texas over the defendant, M. K. & T. road. The original contract under which the various cars were shipped, it is said, denominated the point of destination to be the city of St. Louis. No particular point in the city was mentioned. Two of these cars arrived at defendant’s terminals in north St. Louis on September third, one on September twenty-second, and two on October seventh. The defendant promptly notified plaintiff of the arrival of each car. Upon the arrival of the first…
Also in this document: Concurrence.
2Cases cited11 opinions
- Davis v. Jacksonville Southeastern LineSupreme Court of Missouri · 1895
- D. Klass Commission Co. v. Wabash RailroadMissouri Court of Appeals · 1899
- Russell Grain Co. v. Wabash RailroadMissouri Court of Appeals · 1905
- Pindell v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1889
- Eckles v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1897
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3Cited by4 opinions
- Keithley v. LuskMissouri Court of Appeals · 1915
- Bauch v. Weber Flour Mills Co.Missouri Court of Appeals · 1922
- Chicago, Milwaukee & St. Paul Railway Co. v. KelmSupreme Court of Minnesota · 1913
- Keithley v. LuskMissouri Court of Appeals · 1916