Weaver v. Southern Railway Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) Tbe carrier cannot be held responsible for losses resulting from the shipper’s negligence and mistake in indicating tbe intended destination of bis shipment. Express Co. v. Kaufman, 12 Tenn. 161; Con-gar v. Railroad, 24 Wis. 157; Erie V. Wilcox, 84 Ill. 239; Railroad v. Weisman, 2 Tex. Civ.
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Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) Tbe carrier cannot be held responsible for losses resulting from the shipper’s negligence and mistake in indicating tbe intended destination of bis shipment. Express Co. v. Kaufman, 12 Tenn. 161; Con-gar v. Railroad, 24 Wis. 157; Erie V. Wilcox, 84 Ill. 239; Railroad v. Weisman, 2 Tex. Civ. App. 86; McGowan v. Wilmington, 95 N. C. 417; Finn v. Western, 102 Mass. 283; Stimson v. Jackson, 58 N. H. 138; Bush v. St. Louis, 3 Mo. App. 62. (2) Tbe fact that the marking or direction of tbe goods is so defective as to…
1Opinion of the Court
NORTÜNI, J.
This is an action in the nature of trover as for conversion of plaintiffs’ goods. A jury was waived and the cause submitted to the circuit court on an agreed statement of facts. Plaintiffs prevailed and the defendant prosecutes the appeal.
The action predicates upon the defendant’s breach of duty in respect of its obligation as common carrier and forwarding agent. Instead of attentively following plaintiffs’ instructions- as to the forwarding of its goods, the defendant neglected its duty in that behalf and exercised dominion over the goods by substituting other shipping directions…
2Cases cited17 opinions
- Maghee v. Camden & Amboy Railroad Transportation Co.New York Court of Appeals · 1871
- Butts v. PhelpsSupreme Court of Missouri · 1883
- Johnson v. New York Central RailroadNew York Court of Appeals · 1865
- Wiggins Ferry Co. v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
- Rawson v. . HollandNew York Court of Appeals · 1875
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3Cited by8 opinions
- Saliba v. New York Central R.R. Co.Supreme Court of Vermont · 1929
- Wilkinson v. MisnerMissouri Court of Appeals · 1911
- People's State Savings Bank v. Missouri, Kansas & Texas RailwayMissouri Court of Appeals · 1911
- Lord & Bushnell Co. v. Texas & New Orleans RailroadMissouri Court of Appeals · 1911
- American Railway Express Co. v. Ewing Thomas Converting Co.Court of Appeals for the Third Circuit · 1923
3 more not listed; retrieve them via the Exa API.