Wolf v. American Express Co.
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. At the trial the court gave the following instructions, on motion of plaintiff: “ The term ‘ act of God,’ in law, means a cause which operates without any aid or interference from man ; for if the cause which produced or occasioned the injury became destructive by human agency or co-operation, then the loss is to be ascribed to man, and not to God.”
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Appeal from St. Louis Circuit Court. At the trial the court gave the following instructions, on motion of plaintiff: “ The term ‘ act of God,’ in law, means a cause which operates without any aid or interference from man ; for if the cause which produced or occasioned the injury became destructive by human agency or co-operation, then the loss is to be ascribed to man, and not to God.” “And if the jury believe from the evidenee that the Avine in question was damaged after it was received by the defendant, and before it was delivered to the plaintiff, then the jury must find for the plaintiff…
1Opinion of the CourtWagner, Judge
This was an action commenced by the plaintiff to recover damages sustained by reason of the freezing of Ms wine while in the charge and custody of the defendant. The facts are shortly these: The plaintiff delivered at New York, to defendant, a common carrier, a quantity of wine in casks and cases, to be transported and delivered to him at St. Louis. The wine arrived at East St. Louis on Saturday, the 31st day of December, 1863. At the time of its arrival the weather was severely cold, and, on account of the ice floating in the river, it could not be ferried across and delivered to the…
2Cases cited2 opinions
- Williams v. GrantSupreme Court of Connecticut · 1816
- Levering v. Union Transportation & InsuranceSupreme Court of Missouri · 1867
3Cited by45 opinions
- Wald v. Pittsburg, Cincinnati, Chicago & St. Louis R. R. Co.Illinois Supreme Court · 1896
- Curtis v. Fruin-Colnon Contracting Co.Supreme Court of Missouri · 1952
- Read v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1875
- Newcomb v. New York Central & Hudson River RailroadSupreme Court of Missouri · 1902
- Pruitt v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1876
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