Jaminet v. American Storage & Moving Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) (a) The petition charges, under the common law, as a common carrier, (h) Also, that defendant “so carelessly and negligently conducted itself in the premises” that the injury occurred. It was not claimed that defendant became liable as insurer by the terms of the contract of employment, but by reason of its being a common carrier it became such.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) (a) The petition charges, under the common law, as a common carrier, (h) Also, that defendant “so carelessly and negligently conducted itself in the premises” that the injury occurred. It was not claimed that defendant became liable as insurer by the terms of the contract of employment, but by reason of its being a common carrier it became such. The court in giving plaintiff’s instruction 1 left nothing for the jury to find but that defendant was employed, the injury and amount of damage. Under the facts as alleged…
1Opinion of the CourtGoode, J.
Action against defendant for the destruction of a mirror and the partial destruction of a portrait of the plaintiff while the defendant was moving the plaintiff’s household goods from a residence on Laclede avenue in the city of St. Louis, to one on Cates avenue. The action originated before á justice of the peace. No pleading was filed by the defendant. The petition declares that in June, 1903, plaintiff delivered her personal property, including the articles mentioned, to the defendant at No. 4452 Laclede avenue, and the defendant agreed in consideration of certain charges, well and safely…
2Cases cited14 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Dexter v. . NortonNew York Court of Appeals · 1871
- Stewart v. . StoneNew York Court of Appeals · 1891
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Mills v. GilbrethSupreme Judicial Court of Maine · 1860
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3Cited by6 opinions
- Commercial Electrical Supply Co. v. Missouri Commission Co.Missouri Court of Appeals · 1912
- Collier v. Langan & Taylor Storage & Moving Co.Missouri Court of Appeals · 1910
- Cleaver v. Drake-Brannum Const. Co.Court of Appeals of Texas · 1917
- Campbell v. A. B. C. Storage & Van Co.Missouri Court of Appeals · 1915
- Tavener v. BurkeAppellate Division of the Supreme Court of the State of New York · 1923
1 more not listed; retrieve them via the Exa API.