Gordon v. Livingston
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Boyle, J. “ If a person undertakes to do an act or discharge a duty, by which the conduct of others may properly be regulated and governed, he is bound to perform it in such manner that those who are rightfully led to a course of conduct, on the faith that the act or duty will be duly and properly performed, shall not suffer loss or injury by reason of his negligence.” — Whart. on Neg., sect. 438; 1 Story on Bail., sect. 167; Chitty…
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Appeal from the St. Louis Circuit Court, Boyle, J. “ If a person undertakes to do an act or discharge a duty, by which the conduct of others may properly be regulated and governed, he is bound to perform it in such manner that those who are rightfully led to a course of conduct, on the faith that the act or duty will be duly and properly performed, shall not suffer loss or injury by reason of his negligence.” — Whart. on Neg., sect. 438; 1 Story on Bail., sect. 167; Chitty on Con. 415; Pierson v. Prickett, 15 Pick. 271, 272. See also McKenna v. Bodine, 6 Phila. 582; Hays v. Porter, 22 Me.…
1Opinion of the CourtBake well, J.
This is an action for damages caused to plaintiffs by the negligent act of defendant as a grain inspector in the city of St. Louis, in issuing to the Empire Mill Company a certificate that a certain lot of wheat was No. 1 red winter wheat, which, in fact, was wheat of an inferior grade. The claim is that plaintiffs paid for the wheat, of which there were twenty thousand bushels, on the faith of the certificate, at the rate of ninety-one cents a bushel, and that it turned out to be an inferior grade, of less value. The answer was a general denial.
At the close of the plaintiffs’ case the court…
2Cases cited1 opinion
- M'Caraher v. CommonwealthSupreme Court of Pennsylvania · 1842
3Cited by16 opinions
- Roddy v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Westerhold v. CarrollSupreme Court of Missouri · 1967
- Heizer v. Kingsland & Douglass Manufacturing Co.Supreme Court of Missouri · 1892
- Gediman v. Anheuser Busch, Inc.Court of Appeals for the Second Circuit · 1962
- Schade v. GehnerSupreme Court of Missouri · 1896
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