F. H. Smith Co. v. Louisville & Nashville Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Moses N. Sale, Judge. (1) The court erred in refusing instructions offered by the plaintiff.
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Appeal from St. Louis City Circuit Court. — Eon. Moses N. Sale, Judge. (1) The court erred in refusing instructions offered by the plaintiff. Hutchinson on Carriers, vol. 1, page 210, paragraph 193; page 211, paragraph 194; Mechem on Sales, sec. 740, p. 664; Mechem on Sales, sec. 788, p. 664; Mechem on Sales, sec. 789, p. 664; Wigton v. Bowley, 130 Mass. 252; Tiedeman on Sales, secs. 85, 332, p. 532, second par.; Benjamin on Sales (7 Ed.), sec. 764, p. 791; sec. 804, par. 789. (2) The court erred in giving the following instruction: “The court instructs and declares the law to be that under…
1Opinion of the Court
Statement.
Action by plaintiff, appellant here, against the respondent, to recover the value of three carloads of poplar lumber, plaintiff averring in the first count of its amended petition, that the Nashville, Chattanooga & St. Louis Railroad Company, on the 23d of May, 1906, received from the Kennesaw Hardwood Lumber Company, at Atlanta, Ga., consigned to plaintiff, a carload of poplar lumber for transportation and delivery to plaintiff at East St. Louis, 111., and issued its bill of lading for the same, the lumber being contained in a car marked “Wabash, No. 66923;” that the bill of lading…
2Cases cited6 opinions
- Scharff v. MeyerSupreme Court of Missouri · 1896
- Southern Express Co. v. DicksonSupreme Court of the United States · 1877
- Wigton v. BowleyMassachusetts Supreme Judicial Court · 1881
- Strauss, Pritz & Co. v. S. Hirsch & Co.Missouri Court of Appeals · 1895
- Frazier v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Burrton State Bank v. Pease-Moore Milling Co.Missouri Court of Appeals · 1912
- McNeill v. Wabash Railway Co.Missouri Court of Appeals · 1921
- Carder v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1913
- Wichita Poultry Co. v. Southern Pacific Railway Co.Missouri Court of Appeals · 1917
- F. H. Smith Co. v. Louisville & Nashville RailroadMissouri Court of Appeals · 1911