Blackmore v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. (1) The trial court committed error in giving plaintiff’s instruction 1, and in refusing defendant’s instruction 2; and this is true, whether the case be treated as a common-law action for negligence, or as an action against defendant as a carrier, or as an action under the provisions of section 2615, Revised Statutes 1889. (a) Plaintiff’s petition states a common-law action for negligence specifying wherein the negligence…
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Transferred from Kansas City Court of Appeals. (1) The trial court committed error in giving plaintiff’s instruction 1, and in refusing defendant’s instruction 2; and this is true, whether the case be treated as a common-law action for negligence, or as an action against defendant as a carrier, or as an action under the provisions of section 2615, Revised Statutes 1889. (a) Plaintiff’s petition states a common-law action for negligence specifying wherein the negligence consisted; but on that theory of the ease the court committed error in that the instructions authorize a recovery without any…
1Opinion of the CourtValliant, J.
This suit is to recover the value of four trunks and their contents, destroyed in a fire that consumed a depot of defendant, in which the trunks were deposited.
There are three counts in the petition.
The first is an action at common-law against defendant as a common carrier upon the ground that plaintiff was a passenger and the trunks were his baggage intrusted to the railroad company to carry and deliver to him at the end of his journey; that at the end of the route the trunks were not delivered but instead were put into defendant’s deppt where they were destroyed by fire, through the…
2Cases cited10 opinions
- St. Louis & San Francisco Railway Co. v. MathewsSupreme Court of the United States · 1897
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- Mathews v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
- Bearce v. BowkerMassachusetts Supreme Judicial Court · 1874
- Britton v. City of St. LouisSupreme Court of Missouri · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Independent Cotton Oil Co. v. BeachamSupreme Court of Oklahoma · 1911
- Lammers v. GreulichSupreme Court of Missouri · 1953
- Wichita Falls & N. W. Ry. Co. v. PuckettSupreme Court of Oklahoma · 1915
- Tranbarger v. Chicago & Alton RailroadSupreme Court of Missouri · 1913
- Saffa v. Ill. Cent. R.R. Co.Missouri Court of Appeals · 1926
2 more not listed; retrieve them via the Exa API.