Lesinsky v. Great Western Dispatch
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Adams, J. It was the duty of the defendant, either as common carrier or as forwarder, to give notice to the consignor or consignee of the nondelivery of the merchandise to the next carrier, and of the whereabouts of the merchandise. Its failure so to do subjected it to liability for the damages resulting therefrom. —• Louisville R. Co. v. Campbell, 7 Heisk. 261; Conkey v. Railway Co., 31 Wis. 619-637 ; Williams v. Holland, .22 How.
Read the full summary
Appeal from the St. Louis Circuit Court, Adams, J. It was the duty of the defendant, either as common carrier or as forwarder, to give notice to the consignor or consignee of the nondelivery of the merchandise to the next carrier, and of the whereabouts of the merchandise. Its failure so to do subjected it to liability for the damages resulting therefrom. —• Louisville R. Co. v. Campbell, 7 Heisk. 261; Conkey v. Railway Co., 31 Wis. 619-637 ; Williams v. Holland, .22 How. Pr. 137 ; Crouch v. Railway Co., 2 Hurl. & N. 419 ; Convoy’s Wheat, 3 Wall. 225 ; The Green v. Marshall j 48 Ind. 596;…
1Opinion of the CourtThompson, J.
This is an action against the defendant, an unincorporated association of railroad companies, operating connecting lines between New York and St. Louis, for damages resulting to the plaintiff by reason of the failure of the defendant to deliver to the next carrier for shipment beyond the defendant’s route, merchandise belonging to the plaintiff.
The petition alleges that “the defendant was, at all the times mentioned, a common carrier ; that on February 28, 1877, for value received, it agreed to carry from the city of New York to the city of St. Louis one case of merchandise, and at said city…
2Cases cited3 opinions
- Rawson v. . HollandNew York Court of Appeals · 1875
- The Convoy's WheatSupreme Court of the United States · 1866
- Louisville & Nashville Railroad v. CampbellTennessee Supreme Court · 1872
3Cited by4 opinions
- Keithley v. LuskMissouri Court of Appeals · 1915
- Cohen v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1907
- McNeill v. Wabash Railway Co.Missouri Court of Appeals · 1921
- James S. Davis Clothing Co. v. Merchants' Dispatch Transportation Co.Missouri Court of Appeals · 1904