Legal Opinion

Carder v. Atchison, Topeka & Santa Fe Railway Co.

Missouri Court of Appeals

Decided February 4, 1913PublishedCited by 2 opinions

Appeal from Scotland Circuit Court. — Hon. Chas. D. Stewart, Judge. (1) "Where a shipment is consigned direct to the consignee, the latter is presumed to be the owner. Barden Cultivator v. Railroad, 64 Mo. App. 305; Scharff v. Meyer, 133 Mo. 428; Bank v. Ewing, 107 Mo. App. 178; Cotton Co. v. Red River, 30 So. 303; McCauley v. Davidson, 13 Minn. 162; Frank v. Railroad, 9 Pa. Sup.

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Appeal from Scotland Circuit Court. — Hon. Chas. D. Stewart, Judge. (1) "Where a shipment is consigned direct to the consignee, the latter is presumed to be the owner. Barden Cultivator v. Railroad, 64 Mo. App. 305; Scharff v. Meyer, 133 Mo. 428; Bank v. Ewing, 107 Mo. App. 178; Cotton Co. v. Red River, 30 So. 303; McCauley v. Davidson, 13 Minn. 162; Frank v. Railroad, 9 Pa. Sup. Ct. 129. (2) If in fact the consignee had been the owner, as it was presumed to be, the carrier would have been liable had it diverted the shipment. Therefore, it had a right to demand substantial proof of ownership…

1Opinion of the Court

ALLEN, J. —

This is an action by plaintiff, respondent here, against the appellant railway company, for loss incurred by plaintiff growing out of the failure of defendant to divert a shipment of cattle while en route, as requested by plaintiff, the shipper.

It appears that on April 14, 1909, Calvin Carder, the plaintiff, made a shipment of cattle from Rutledge, Missouri, a shipping point on the line of defendant’s railway, to Chicago, Illinois, over defendant’s line of road. The shipment was consigned direct to the National Live Stock Commission Company at Chicago; tne defendant issuing…

2Cases cited10 opinions

  1. Scharff v. MeyerSupreme Court of Missouri · 1896
  2. Nebraska Meal Mills v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1897
  3. Ryan v. Great Northern Railway Co.Supreme Court of Minnesota · 1903
  4. Ratzer v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Minnesota · 1896
  5. People's State Savings Bank v. Missouri, Kansas & Texas RailwayMissouri Court of Appeals · 1911

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3Cited by2 opinions

  1. Lynch Davidson & Co. v. Denman Lumber Co.Court of Appeals of Texas · 1925
  2. Brandon v. Kansas City Stock Yards Co.Missouri Court of Appeals · 1930

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