Sherlock v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Son. E. P. Gates, J udge. The evidence being undisputed that the books were being carried for sale, and that the defendant’s agent had no authority to check them, and that the plaintiff knew that the books were not baggage, and that he had no right to have them checked, there was no case made by the evidence, and the court ought not to have given plaintiff’s instructions, but should have given the instruction asked by the defendant to…
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Appeal from the Jackson Circuit Court. — Son. E. P. Gates, J udge. The evidence being undisputed that the books were being carried for sale, and that the defendant’s agent had no authority to check them, and that the plaintiff knew that the books were not baggage, and that he had no right to have them checked, there was no case made by the evidence, and the court ought not to have given plaintiff’s instructions, but should have given the instruction asked by the defendant to the effect that the verdict must be for the defendant. Spooner.v. Railroad, 23 Mo. App. 403; Gann v. Railway, 72 Mo.…
1Opinion of the CourtSmith, P. J.
— The plaintiff purchased a ticket over defendant’s railway from Kansas City to Chicago and at the same time, tendered to the defendant’s agent as his baggage a pine box containing 165 copies of a book of which he was author and publisher and which he desired to take along with him for sale and delivery at some place in the state of' Indiana, which was his ultimate destination. The defendant’s baggage agent at its Kansas City station was informed of the contents of the box, which he received and weighed; and finding the weight thereof in excess of the 150 pounds baggage which a passenger was…
Also in this document: Concurrence.
2Cases cited4 opinions
- Minter v. Pacific RailroadSupreme Court of Missouri · 1867
- Spooner v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1886
- Railway Co. v. BerrySupreme Court of Arkansas · 1895
- The Chicago, Rock Island & Pacific Railroad v. ConklinSupreme Court of Kansas · 1884
3Cited by1 opinion
- Rossier v. Wabash RailroadMissouri Court of Appeals · 1906