Legal Opinion

Simmons Hardware Co. v. St. Louis, Iron Mountain & Southern Railway Co.

Missouri Court of Appeals

Decided June 8, 1909Published

Appeal from St. Louis City Circuit Court. — Eon. G. C. Allen> Judge. (1) The contract between respondent was for through carriage from St. Louis, Missouri, to Homestead Landing, Louisiana. Popham y. Barnard, 77 Mo. App. 629; Door Co. v. Railroad, 177 Mo. 655; Railroad y. Trading Co., 195 U. S. 439; Smeltzer v. Railway, 158 Fed. 649; White v. Railway, 19 Mo. App. 400; Johnson v. Railroad, 133 Mich. 596; Jennings v. Grand Trunk, 127 N. Y. 438, 442; Fruit Company y.

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Appeal from St. Louis City Circuit Court. — Eon. G. C. Allen> Judge. (1) The contract between respondent was for through carriage from St. Louis, Missouri, to Homestead Landing, Louisiana. Popham y. Barnard, 77 Mo. App. 629; Door Co. v. Railroad, 177 Mo. 655; Railroad y. Trading Co., 195 U. S. 439; Smeltzer v. Railway, 158 Fed. 649; White v. Railway, 19 Mo. App. 400; Johnson v. Railroad, 133 Mich. 596; Jennings v. Grand Trunk, 127 N. Y. 438, 442; Fruit Company y. Railroad, 118 Cal. 648. The boat was the agent of respondent, not appellant, to complete the carriage. Railroad v. Railroad, 110 U.…

1Opinion of the CourtGoode, J.

This case has been submitted on an agreed statement of the facts, all of which need not be transcribed to render our decision clear, and the statement will be. presented in an abridged form. Plaintiff is a corporation engaged, among other things, in selling saddlery and harness in the city of St. Louis, defendant is a railway company and a common carrier, with a line extending from said city southward to Vi-dalia on the west bank of the Mississippi river in the State of Louisiana, and E. W. Constant & Son are merchants doing business in Atherton, an inland town in Louisiana, a few miles from…

2Cases cited8 opinions

  1. Bank of Kentucky v. Adams Express Co.Supreme Court of the United States · 1876
  2. Missouri, Kansas & Texas Railway Co. v. McCannSupreme Court of the United States · 1899
  3. Marshall & Michel Grain Co. v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1903
  4. Western Sash & Door Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1903
  5. Smeltzer v. St. Louis & S. F. R.U.S. Circuit Court for the District of Western Arkansas · 1908

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