Sutton v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henry C.. Riley, Judge. (1) The demurrer to the evidence should have been sustained: (a) Because wrongful detention is the gist' of replevin. R. S. 1909, sec. 7759; Barnes v. Plessner, 137 Mo. App. 573; Grant v. Stubblefield, 138 Mo.
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Appeal from Pemiscot Circuit Court. — Hon. Henry C.. Riley, Judge. (1) The demurrer to the evidence should have been sustained: (a) Because wrongful detention is the gist' of replevin. R. S. 1909, sec. 7759; Barnes v. Plessner, 137 Mo. App. 573; Grant v. Stubblefield, 138 Mo. App. 555. (b) Because the defendant had a lien on the goods for its freight charges, that is, the right to retain possession until such charges were paid, and therefore, its detention of the goods was not wrongful. Hutchinson on Carriers (2d Ed.), secs. 476 and 478-a; Am. and Eng. Ency. Law (2d Ed.), p. 399, sec. 19, p.…
1Opinion of the CourtNortoni, J.
This is a suit in replevin for a lot. of household goods. Plaintiff recovered and defendant prosecutes the appeal.
Plaintiff shipped his household goods and a cow in one car, under rating as an “emigrant outfit,” from Patton, Illinois, over the Big Four Railroad, the St. Louis & Southwestern Railroad, and defend*687ant, St. Lonis & San Francisco Railroad, to Steele, Missouri. The car arrived at Steele, Missouri in due time and defendant permitted plaintiff to remove the cow therefrom but retained the household goods on account of a balance of $31.20 freight charges which it asserted were unpaid.…
2Cases cited7 opinions
- Texas & Pacific Railway Co. v. MuggSupreme Court of the United States · 1906
- Meyer v. Pulitzer Publishing Co.Missouri Court of Appeals · 1911
- Wells v. ThomasSupreme Court of Missouri · 1858
- Gerber v. Wabash RailroadMissouri Court of Appeals · 1895
- Barnes v. PlessnerMissouri Court of Appeals · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Rankin v. WyattSupreme Court of Missouri · 1934
- Dunne & Grace v. St. Louis & Southwestern Railway Co.Missouri Court of Appeals · 1912
- Sidney Smith, Inc. v. SteinbergMissouri Court of Appeals · 1955
- Keithley v. LuskMissouri Court of Appeals · 1915
- Monarch Loan Co. v. Anderson Transmission ServiceMissouri Court of Appeals · 1962
7 more not listed; retrieve them via the Exa API.