Foust v. Lee
Missouri Court of Appeals
Appeal from the Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. There is not in all the testimony one witness who undertakes to state the condition of the horses when delivered to defendants’ steamboat; there is no bill of lading in evidence to show the condition of delivery to defendants, nor any one who'saw the horses’ condition when delivered.
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Appeal from the Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. There is not in all the testimony one witness who undertakes to state the condition of the horses when delivered to defendants’ steamboat; there is no bill of lading in evidence to show the condition of delivery to defendants, nor any one who'saw the horses’ condition when delivered. If defendants are liable at all, it is not even sufficient testimony to merely show delivery to defendants in good condition, and a redelivery of the horse in a damaged condition. Hance v. Express Co., 48 Mo. App. 179; Hussey v. Saragassa, 3…
1Opinion of the CourtNortoni, J.
This is a suit on the common law-liability of the defendants, common carriers, for the value of a horse alleged to have been lost to the plaintiff during its transportation. Plaintiff recovered and defendants appeal.
Defendants are partners owning and operating a line of steamboats known as the Lee Line which ply the Mississippi river between the city of St. Louis, Missouri, and Memphis, Tennessee, and prosecute the calling of common carriers for hire. Plaintiff shipped two-horses on defendants’ boat, Reese Lee, from the city of St. Louis, to Gayoso, in Pemiscot county, Missouri.. One of the…
2Cases cited11 opinions
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Eswin v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1888
- Boehl v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1890
- Libby v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1909
- Hance v. Pacific Express Co.Missouri Court of Appeals · 1892
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3Cited by4 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. RudyIndiana Supreme Court · 1909
- Cunningham v. Wabash RailroadMissouri Court of Appeals · 1912
- Jones v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1932
- State v. CummingsSupreme Court of Missouri · 1913