A. C. L. Haase & Sons Fish Co. v. Merchants' Despatch Transportation Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Dan'l Q-. Taylor, Judge. (1) The bill of lading introduced by plaintiff shows that the goods were to be delivered to the Merchants Despatch Transportation Company at the port of Boston, and by them to be forwarded from Boston to East St. Louis, 111. The evidence of plaintiff disclosed the fact that the goods were properly forwarded after they were delivered to the Merchants Despatch Transportation Company at Boston, Mass.,…
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Appeal from St. Louis City Circuit Court. — Hon. Dan'l Q-. Taylor, Judge. (1) The bill of lading introduced by plaintiff shows that the goods were to be delivered to the Merchants Despatch Transportation Company at the port of Boston, and by them to be forwarded from Boston to East St. Louis, 111. The evidence of plaintiff disclosed the fact that the goods were properly forwarded after they were delivered to the Merchants Despatch Transportation Company at Boston, Mass., and, therefore, defendant’s demurrer to plaintiff’s evidence should have been sustained. (2) It was the duty of the court…
1Opinion of the CourtGoode, J.
(after stating the facts). — The instructions requested show both parties tried the case on the theory that plaintiff was counting on the negligent delay of defendant in carrying the fish, whereby they were damaged, and not on any common law liability for delivering the fish in a 'damaged condition. [Hurst v. Railroad, 117 Mo. App. 35, 37.] The causes was submitted on the theory that there must have been careless and unreasonable delay in the transportation of the goods from Liverpool to East St. Louis to lay defendant liable, and damages could not be recovered for losses due to delay or…
2Cases cited11 opinions
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
- Levering v. Union Transportation & InsuranceSupreme Court of Missouri · 1867
- McCann v. EddySupreme Court of Missouri · 1896
- Adams v. ScottMassachusetts Supreme Judicial Court · 1870
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3Cited by3 opinions
- Bockserman v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1912
- Smith v. Gulf, Colorado & Santa Fe Railway Co.Missouri Court of Appeals · 1914
- Hartung ex rel. Diehm v. Northwestern Mutual Life InsuranceMissouri Court of Appeals · 1913