Levering v. Union Transportation & Insurance
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The following instructions, asked for by defendant, were refused, viz: 2. If the jury believe from tbe evidence that the cotton in controversy- was shipped under the bill of lading read in evidence, then the plaintiffs were bound by the conditions expressed in said bill of lading, and cannot recover unless they prove affirmatively, to the satisfaction of the jury, that the loss occurred through the gross negligence of the defendant or its…
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Appeal from St. Louis Circuit Court. The following instructions, asked for by defendant, were refused, viz: 2. If the jury believe from tbe evidence that the cotton in controversy- was shipped under the bill of lading read in evidence, then the plaintiffs were bound by the conditions expressed in said bill of lading, and cannot recover unless they prove affirmatively, to the satisfaction of the jury, that the loss occurred through the gross negligence of the defendant or its agents. • 8. If the jury shall find that the defendant received the cotton in question, to be forwarded by defendant…
1Opinion of the CourtWagner, Judge
This suit was brought by plaintiffs to recover the value of twenty-six bales of cotton, which defendant had received to transport from East St. Louis to New York. The cotton was destroyed by fire in the course of its transit, in one of defendant’s railway cars. At the time the cotton was delivered to defendant, it gave a receipt for the same, in the nature of a bill of lading, which had stamped across its face the words, “At owners’ risk of fire,” and also a like reservation in regard to loss by fire inserted in one of the conditions embodied in the instrument.
The1 plaintiffs claim damages to…
2Cases cited4 opinions
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Parsons v. Monteath & HazardNew York Supreme Court · 1851
- Merritt v. EarleNew York Supreme Court · 1859
- Wyman v. Mayor of New-YorkNew York Supreme Court · 1833
3Cited by31 opinions
- Ohio & Mississippi Railway Co. v. SelbyIndiana Supreme Court · 1874
- Lemon v. ChanslorSupreme Court of Missouri · 1878
- Wolf v. American Express Co.Supreme Court of Missouri · 1869
- Read v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1875
- Snider v. Adams Express Co.Supreme Court of Missouri · 1876
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