Flynn v. St. Louis & San Francisco Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. (1) The bill of lading introduced in evidence by tlie defendant is tlie express contract under whose terms this shipment was made. The law presumes that the consignor has read the bill of lading delivered to him, as it was his duty to read it, and its receipt by him without dissent is conclusive in the absence of fraud, making the bill of lading the express contract between him and the carrier.
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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. (1) The bill of lading introduced in evidence by tlie defendant is tlie express contract under whose terms this shipment was made. The law presumes that the consignor has read the bill of lading delivered to him, as it was his duty to read it, and its receipt by him without dissent is conclusive in the absence of fraud, making the bill of lading the express contract between him and the carrier. Shelton v. Despatch Co., 59 N. Y. 258; Nelson v. Railroad, 48 N. Y. 498; Moriarity v. Herndon, 1 Daly, 227 ; Grace v.…
1Opinion of the CourtThompson, J.
This action is brought to recover, under the common-law liability of the defendant as a common carrier for hire, for the breakage of a quantity of household furniture intrusted to the defendant by the plaintiff for carriage. The plaintiff had a verdict and judgment, and the defendant appeals.
The petition is as follows :
“Plaintiff states that the defendant is a corporation duly created by the laws of Missouri, and was, at the date hereinafter mentioned, a common carrier of freight and passengers for hire; that the said defendant, as such common carrier, on or about the tenth day of August,…
2Cases cited9 opinions
- Ball v. State of New YorkNew York Court of Appeals · 1977
- Laughlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1871
- Shriver v. Sioux City & St. Paul RailroadSupreme Court of Minnesota · 1878
- Southern Express Co. v. HessSupreme Court of Alabama · 1875
- Witting v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1887
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3Cited by10 opinions
- Hurst v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1906
- Connelly v. Illinois Central RailroadMissouri Court of Appeals · 1908
- Bockserman v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1912
- Dean v. Toledo, St. Louis & Western R. R.Missouri Court of Appeals · 1910
- McClure v. Paducah Iron Co.Missouri Court of Appeals · 1901
5 more not listed; retrieve them via the Exa API.