Smith v. Morgan Drive Away, Inc.

SMITH, Presiding Judge.

This case reaches the writer on reassignment. Defendant appeals from a judgment entered in a court-tried case awarding plaintiffs $7500 damages and denying defendant relief on its counterclaim.

In 1972, plaintiffs were the owners of a mobile home located in Florida. They desired to move the mobile home to Farming-ton, Missouri, and hired defendant for that purpose. Defendant is a common carrier regulated by the Interstate Commerce Commission. Plaintiffs had the mobile home moved to defendant’s place of business in Sneads, Florida, for transport by defendant to Missouri.…