Legal Opinion

Fisk v. Steamboat Forest City

Supreme Court of Missouri

Decided October 15, 1853PublishedCited by 1 opinion

Appeal from St. Louis Court of Common Pleas. The court below erred in sustaining the demurrer. 1. The plaintiff’s petition stated that the defendant was a boat used in navigating the waters of this state, and this was admitted by the demurrer. 2. The contract was to be completed at St. Louis. Before the boat reached Cairo, the plaintiff, with the consent of the officers of the boat, extended his passage to St. Louis.

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Appeal from St. Louis Court of Common Pleas. The court below erred in sustaining the demurrer. 1. The plaintiff’s petition stated that the defendant was a boat used in navigating the waters of this state, and this was admitted by the demurrer. 2. The contract was to be completed at St. Louis. Before the boat reached Cairo, the plaintiff, with the consent of the officers of the boat, extended his passage to St. Louis. This was not a new contract, but a modification of the original one. The contract having been changed before the boat reached Cairo, it makes no difference that the trunk was…

1Opinion of the CourtScott, Judge

This is an action for the breach of a contract for the transportation of a passenger and his family with their baggage. The action is against the boat, and the question arises upon a demurrer to the petition.

The petition, after setting forth the contract to transport the plaintiff, his family and baggage, among which was a trunk containing a large sum of money, from Portland or Louisville, *589in Kentucky, to Cairo, in Illinois, and his embarkation on the boat, and the commencement of her voyage from Portland to St. Louis -(Cairo being an intermediate port) avers, that after-wards, before the…

2Cited by1 opinion

  1. John R. Irvine & Co. v. The Steamboat "Hamburg"Supreme Court of Minnesota · 1859

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