F. H. Smith Co. v. Louisville & Nashville Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. (1) The delivery of the three cars hy the consign- or, Kennesaw Hardwood Lumber Company, to the initial carrier at Atlanta, Georgia, consigned to plaintiff at East St. Louis, Illinois, prima facie entitled plaintiff to delivery at East St. Louis.
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Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. (1) The delivery of the three cars hy the consign- or, Kennesaw Hardwood Lumber Company, to the initial carrier at Atlanta, Georgia, consigned to plaintiff at East St. Louis, Illinois, prima facie entitled plaintiff to delivery at East St. Louis. Were there no further facts in the case, defendants would have been bound to make delivery to plaintiff at East St. Louis on May 29th, and would undoubtedly have done so. Frazier v. Railroad, 104 Mo. App. 335; P. F. Smith Co., v. Railroad, 145 Mo. App. 394. (2) Defendant, however,…
1Opinion of the CourtReynolds, P. J.
— This is the second time this case has been before this court, the first on appeal of plaintiff, now on that of defendant. The facts in the case, as it was presented on the former trial, are fully set out in the report of the case, under the same title, F. H. Smith Company v. Louisville & Nashville Railroad Company, 145 Mo. App. 394, 122 S. W. 342. We refer to the statement there made as in this last trial the same stipulation of facts on which the case was then submitted was again in evidence, the case not however being submitted, as before, on the stipulation alone. The suN stantially new…
2Cases cited3 opinions
- Jeffris v. Fitchburg RailroadWisconsin Supreme Court · 1896
- F. H. Smith Co. v. Louisville & Nashville RailroadMissouri Court of Appeals · 1909
- Seigfried v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1910