James S. Davis Clothing Co. v. Merchants' Dispatch Transportation Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — How. Henry Ramey, Judge. (1) The contract of shipment in the case at bar having been made in the State of New York, the Missouri statute, R. S. 1899, sec. 5222, rendering the initial carrier liable, can not be invoked as a rule by which to construe and determine its provisions. Eckles v. Railway, 72 Mo. App. 305; Otis Co. v. Railway, 112 Mo. 628; Crouch v. Railway, 42 Mo.
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Appeal from Buchanan Circuit Court. — How. Henry Ramey, Judge. (1) The contract of shipment in the case at bar having been made in the State of New York, the Missouri statute, R. S. 1899, sec. 5222, rendering the initial carrier liable, can not be invoked as a rule by which to construe and determine its provisions. Eckles v. Railway, 72 Mo. App. 305; Otis Co. v. Railway, 112 Mo. 628; Crouch v. Railway, 42 Mo. App. 250. (2) “By the principles of the common law, as established in this State, a common carrier, who receives goods for transportation to a point beyond his own line, engages only to…
1Opinion of the CourtEllison, J.
The plaintiff is a mercantile company doing a retail business at St. Joseph, Missouri, a city located on the western border of the State. Defendant is a carrier of freight, its chief business being the transportation of mercantile property from points in the eastern states to a large number of points in the west, including St. Joseph. While it owned cars, it did not own a line of railway; its shipments being over lines of railway going to, or else connecting with other roads going to the point of destination of the particular shipment. In June, 1901, plaintiff bought of a wholesale house in…
2Cases cited1 opinion
- Lesinsky v. Great Western DispatchMissouri Court of Appeals · 1881
3Cited by2 opinions
- Keithley v. LuskMissouri Court of Appeals · 1915
- Cohen v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1907