Wells v. Thomas
Supreme Court of Missouri
Error to St. Louis Gowt of Common Pleas. This was an action for .the possession of an omnibus. The cause was tried by the court" without a jury upon an agreed statement of the facts, of which the. following is the substance : Plaintiffs purchased the omnibus mentioned in the petition, of the-value of five hundred dollars, of John Stephenson, in New York, and instructed him to ship it to them at St. Louis, Missouri.
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Error to St. Louis Gowt of Common Pleas. This was an action for .the possession of an omnibus. The cause was tried by the court" without a jury upon an agreed statement of the facts, of which the. following is the substance : Plaintiffs purchased the omnibus mentioned in the petition, of the-value of five hundred dollars, of John Stephenson, in New York, and instructed him to ship it to them at St. Louis, Missouri. Thereupon said Stephenson, for the plaintiffs, on the 24th of September, 1855rmiHNN...cmLtract. with the New York Central' Railroad Company_(being_a railroad running from New York…
1Opinion of the CourtNapton, Judge
Upon the case agreed our opinion is that the defendant was entitled to judgment.
We do not see how the contract made with the New York company is to bind the Alton and St. Louis Railroad Company without showing some privity between these corporations .or a knowledge of the contract on the part of the Alton and St. Louis company. No such.-ta±sd±gJ^-sh.o-w-iUr--nojnis it. ^metencled that the companies at this end of the route were apprised _ of any special agreement about the__ freight. The cases of Fitch & Gilbert v. Newberry, 1 Dougl. Mich., and Robinson v. Baker, 5 Cush. 137, are not…
2Cited by16 opinions
- Hughes v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1902
- Sutton v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1911
- Goodin v. Southern Railway Co.Supreme Court of Georgia · 1906
- Berry Coal & Coke Co. v. Chicago, Peoria & St. Louis Railway Co.Missouri Court of Appeals · 1906
- Crossan v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1889
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