Gratiot Street Warehouse Co. v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) The defendant could not be compelled to assume tbe responsibilities of a common carrier, without prepayment of freight charges, or an agreement waiving the same, and the court therefore erred in refusing defendant’s second instruction.
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Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) The defendant could not be compelled to assume tbe responsibilities of a common carrier, without prepayment of freight charges, or an agreement waiving the same, and the court therefore erred in refusing defendant’s second instruction. Railroad v. Steamship Co., 86 Fed. 407. (2) The bill of lading provided that the amount of any loss or damage should be computed at the value or cost at the place of shipment. The only proof of value was as to what the corn was worth at Wichita Falls, Texas, the destination. There…
1Opinion of the CourtNortoni, J.
(after stating the facts). — 1. An instruction, peremptorily directing a verdict, was requested by defendant’s counsel and refused. This action of the court is assigned and argued as error, on the theory that the loss in this case was entailed solely by the act of God, unmixed with any neglect of duty on the part of the defendant. Several cases were cited sustaining the well-established doctrine that there is no liability when the loss occurs solely by the act of God, or from causes, such as the operation of the elements, over which the defendant had no control, and could not reasonably be…
2Cases cited45 opinions
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
- Union Railroad & Transportation Co. v. TraubeSupreme Court of Missouri · 1875
- Hilz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Davis v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1886
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3Cited by19 opinions
- Missouri, K. & T. Ry. Co. v. JohnsonSupreme Court of Oklahoma · 1912
- Tranbarger v. Chicago & Alton RailroadSupreme Court of Missouri · 1913
- Schmidt v. St. Louis Transit Co.Missouri Court of Appeals · 1909
- H. A. Johnson & Co. v. Springfield Ice & Refrigerating Co.Missouri Court of Appeals · 1910
- Amber v. DavisMissouri Court of Appeals · 1926
14 more not listed; retrieve them via the Exa API.