Legal Opinion

Blackmer & Post Pipe Co. v. Mobile & Ohio Railroad

Missouri Court of Appeals

Decided May 11, 1909PublishedCited by 19 opinions

Appeal from St. Louis City Circuit Court. — Hon. O’Neill Ryan, Judge. (1) The act of 1905 (Laws 1905, p. 53) gave no new right of action. The shipper could always have sued either the connecting carrier if negligent, or the initial carrier. Each was liable even when the latter had not itself been negligent. Meyer v. Railroad, 120 Mo.

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Appeal from St. Louis City Circuit Court. — Hon. O’Neill Ryan, Judge. (1) The act of 1905 (Laws 1905, p. 53) gave no new right of action. The shipper could always have sued either the connecting carrier if negligent, or the initial carrier. Each was liable even when the latter had not itself been negligent. Meyer v. Railroad, 120 Mo. App. 294; Halliday v. Railroad, 74 M'o. 159. Perhaps under sections 545 and 767, Revised Statutes 1899, they could before 1905, have been joined as defendants, when the negligent act complained of was done by the connecting carrier. But the act of 1905, not only…

1Opinion of the CourtGoode, J.

(after stating the facts). — 1. (a) Several grounds of liability are indicated in the petition and in the instructions requested by plaintiff. One is a joint contractual liability of the four railway companies. These companies are stated to have owned connecting lines of railway which, taken together, extended from plaintiff’s factory in St. Louis to New Orleans; and in the first refused instruction (R-l) plaintiff asked the court to advise the jury on the hypothesis of a joint undertaking by the four, defendants to transport the property from the place of shipment to destination. (b) Though…

2Cases cited23 opinions

  1. McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
  2. State ex rel. Ozark County v. TateSupreme Court of Missouri · 1891
  3. Kleiber v. People's Railway Co.Supreme Court of Missouri · 1891
  4. Taylor v. SartoriousMissouri Court of Appeals · 1908
  5. George v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1908

18 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Elder, Dempster & Co. v. St. Louis Southwestern Railway Co.Texas Supreme Court · 1913
  2. St. Louis S. F. R. Co. v. LaddSupreme Court of Oklahoma · 1912
  3. McElvain v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
  4. St. Louis S. F. R. Co. v. JamesSupreme Court of Oklahoma · 1912
  5. Bockserman v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1912

14 more not listed; retrieve them via the Exa API.

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