Garrison v. Babbage Transportation Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. Defendants join in a pleading which, they call their joint and several demurrer. It is a joint pleading going to the merits, and should have been overruled, if the petition was good against either of them. Wilkerson v. Rust, 57 Ind. 172. The petition states a cause of action. Both defendants were directly liable to the consignee.
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Appeal from St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. Defendants join in a pleading which, they call their joint and several demurrer. It is a joint pleading going to the merits, and should have been overruled, if the petition was good against either of them. Wilkerson v. Rust, 57 Ind. 172. The petition states a cause of action. Both defendants were directly liable to the consignee. Eedfield on Carriers, sec. 259. They were bound to carry and deliver the iron, because both had received it for that purpose. Besides this, the St. Louis and New Orleans Company was liable to…
1Opinion of the CourtNorton, C. J.
This case is before us on plaintiff’s appeal from the action of the circuit court of the city of St. Louis in sustaining a demurrer to his petition. *134The substantial averments of the petition are- as follows : That defendants are corporations, and at the dates mentioned, were common carriers of goods from the city of New Orleans to the city of St. Louis ; that, about the thirteenth of December, 1879, the firm of Minnegerode & Berl, at the city of New Orleans, delivered to the Babbage Transportation Company, 985 tons, 9 cwt., 7 lbs., of old railroad iron belonging to said firm, to be safely…
2Cases cited1 opinion
- Whitaker v. McCormickMissouri Court of Appeals · 1878
3Cited by13 opinions
- Kansas City, Memphis & Birmingham Railroad v. Southern Railway News Co.Supreme Court of Missouri · 1899
- Listerman v. Day and Night Plumbing & Heating Serv.Missouri Court of Appeals · 1964
- City of St. Joseph v. Union Railway Co.Supreme Court of Missouri · 1893
- Potter v. WhittenMissouri Court of Appeals · 1913
- City of Springfield v. PlummerMissouri Court of Appeals · 1901
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