Whitmore v. Steamboat Caroline
Supreme Court of Missouri
Error to St. Louis Circuit Court. This was an action under the act concerning “ bdSí^and vessels,” (R. C. 1845,) to recover the value of a bag of gold belonging to the plaintiffs, lost while in custody of the clerk of the steamboat Caroline, to whom, as alleged in the petition, it had been delivered for transportation from St.' Louis to Pekin by an agent of the plaintiffs, who was a passenger on the boat.
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Error to St. Louis Circuit Court. This was an action under the act concerning “ bdSí^and vessels,” (R. C. 1845,) to recover the value of a bag of gold belonging to the plaintiffs, lost while in custody of the clerk of the steamboat Caroline, to whom, as alleged in the petition, it had been delivered for transportation from St.' Louis to Pekin by an agent of the plaintiffs, who was a passenger on the boat. At the trial before a jury, Sears, the plaintiffs’ agent, testified that he received from the plaintiffs $1500 in gold to be invested for them in the purchase of wheat upon the Illinois…
1Opinion of the CourtScott, Judge
The instruction given at the instance of the defendant was proper. The evidence given established no usage for steamboats to carry money for hire. This case is similar to that of Chouteau & Valle v. Steamboat St. Anthony, (16 Mo. Rep. 216.) We see no reason for departing from the law as stated in that case. The evidence here shows what usually appears in actions of this sort, that persons are willing to have their money carried as a favor, and at the same time, to hold the boat liable for its loss. Freight or money must be proportioned to the risk assumed. No owner of a boat would permit her…
2Cases cited1 opinion
- Chouteau v. Steamboat St. AhthonySupreme Court of Missouri · 1852
3Cited by3 opinions
- Root v. New York Central Sleeping-Car Co.Missouri Court of Appeals · 1887
- West Coast Naval Stores Co. v. Louisville & N. R.Court of Appeals for the Fifth Circuit · 1903
- Baack, Dyer & Brecht Millinery Co. v. Chicago & Alton RailroadMissouri Court of Appeals · 1914