Armstrong, Byrd Co. v. Illinois Cent. R. Co.
Supreme Court of Oklahoma
Error from District Gowrt, Oklahoma County; George W. Clark, • Judge. Action by Armstrong, Byrd & Co. against the Illinois Central Bailroad Company. Judgment for defendant, and plaintiff brings error. Citing Grier v. Merchants'’, etc., Go., 108 Mo. App. 565, and Amer. Brewing Co. v. Talbot (Mo.) 42 S. W. 679.
1Opinion of the CourtWilliams, J.
That the defendant in error received the car of organs, consigned to an Oklahoma point, which were damaged about June 10, 1903, on account of the inundation of the east bottom of the Mississippi river opposite the city of St. Louis, resulting in the destruction of much propertjr, and afterwards in such damaged condition reached the consignee is not controverted. That said flood was so extensive as to comprise a superhuman agency is not disputed. It is claimed, however, that on account of the proximate negligence of the carrier it should not be excused from answering for the damages sustained.…
2Cases cited5 opinions
- American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
- Bibb Broom Corn Co. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Minnesota · 1905
- Grier v. St. Louis Merchants Bridge Terminal Railway Co.Missouri Court of Appeals · 1904
- Chicago, R. I. & P. Ry. Co. v. Logan, Snow & Co.Supreme Court of Oklahoma · 1909
- Atchison, Topeka & Santa Fe Railway Co. v. Madden, Sykes & Co.Court of Appeals of Texas · 1907
3Cited by11 opinions
- Seaboard Air Line Railway v. MullinSupreme Court of Florida · 1915
- Missouri, K. & T. Ry. Co. v. JohnsonSupreme Court of Oklahoma · 1912
- Chicago, R. I. & P. Ry. Co. v. McKoneSupreme Court of Oklahoma · 1912
- St. Louis S. F. R. Co. v. Cox, Peery MurraySupreme Court of Oklahoma · 1914
- St. Louis S. F. R. Co. v. DreyfusSupreme Court of Oklahoma · 1914
6 more not listed; retrieve them via the Exa API.