Marshall & Michel Grain Co. v. Kansas City, Fort Scott & Memphis Railroad
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. Jos. D. Perkins, Judge. At the close of evidence on the part of plaintiff the trial court should have sustained defendant’s demurrer to the evidence, and at the close of all the testimony should have directed a verdict in favor of defendant: First.
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Appeal from Jasper Circuit Court. — Hon. Jos. D. Perkins, Judge. At the close of evidence on the part of plaintiff the trial court should have sustained defendant’s demurrer to the evidence, and at the close of all the testimony should have directed a verdict in favor of defendant: First. Because, since the contract of carriage expressed in the hill of lading was, on defendant’s part, to carry only over its own line, and as the alleged conversion (if'there was any) occurred at Little Rock on the line of a connecting carrier and was the act of that carrier, there was no evidence of any failure…
1Opinion of the CourtBurgess, J.
On August 5, 1895, Marshall & Antles, of whom plaintiffs are successors, delivered to the defendant a car of corn for shipment over its railroad from Joplin to Little Rock, Arkansas, with instructions on the bill of lading to notify the Little Rock Grain Company; Little Rock was not on the line of defendant’s road, but the agent of defendant at Joplin, having authority to so do, contracted with the shippers to transport said car of corn to Little Rock, and received- therefor the entire freight charge and rate be*484tween Joplin and Little Rock, and delivered to the shippers a bill of lading for…
2Cases cited8 opinions
- Missouri, Kansas & Texas Railway Co. v. McCannSupreme Court of the United States · 1899
- Wiggins Ferry Co. v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
- McCann v. EddySupreme Court of Missouri · 1896
- Dimmitt v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1890
- Myles's Executors & Devisees v. MylesCourt of Appeals of Kentucky · 1869
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Western Sash & Door Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1903
- Blackmer & Post Pipe Co. v. Mobile & Ohio RailroadMissouri Court of Appeals · 1909
- Barr v. SnyderSupreme Court of Missouri · 1949
- Kemper Mill & Elevator Co. v. HinesSupreme Court of Missouri · 1922
- Meyers v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1906
21 more not listed; retrieve them via the Exa API.