Hubbard v. Mobile & Ohio Railway Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Jesse A. McDonald, Judge. (1) In tbe absence of evidence locating tbe damage to goods in transit over several connecting lines, a prima facie presumption arises that tbe last carrier is tbe negligent one. Lin v. Eailroad, 10 Mo. App. 125; Croucb v. Eailroad, 42 Mo>. App. 252; Flynn v. Eailroad, 43 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. Jesse A. McDonald, Judge. (1) In tbe absence of evidence locating tbe damage to goods in transit over several connecting lines, a prima facie presumption arises that tbe last carrier is tbe negligent one. Lin v. Eailroad, 10 Mo. App. 125; Croucb v. Eailroad, 42 Mo>. App. 252; Flynn v. Eailroad, 43 Mo. App. 424; Moore v. Eailroad, 173 Mass. 335; Cate v. Eailroad, 65 N. E. 400; Eailway v. Cool-ridge, 83 S. W. 232; Eailway v. Birdwell, 82 S. W. 835; Faison v. Eailroad, 69 Miss. 569; Eailroad v. Harris, 26 Fla. 148; Eailroad v. Edloff, 34 S. W.…
1Opinion of the Court
GOODE, Jr
(after stating the facts). — It is contended the court below erred in refusing to instruct that if the trunk and its contents were delivered to appellant in good condition at Cairo, and afterwards delivered by it to the Terminal Association, the presumption is the trunk and its contents were in the same condition at the time of the latter delivery as when received by appellant, and that plaintiff could not recover against appellant except on proof that the missing property was lost while the trunk was in appellant’s possession. These theories rest on the assumption that appellant was…
2Cases cited11 opinions
- Davis v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1886
- Snider v. Adams Express Co.Supreme Court of Missouri · 1876
- Halliday v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1881
- Morrissey v. Wiggins Ferry Co.Supreme Court of Missouri · 1871
- Otis Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
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3Cited by5 opinions
- Sherman v. Pullman Co.Appellate Terms of the Supreme Court of New York · 1913
- Hamilton v. Baggage & Omnibus Transfer Co.Oregon Supreme Court · 1920
- Baack, Dyer & Brecht Millinery Co. v. Chicago & Alton RailroadMissouri Court of Appeals · 1914
- Burnes v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1912
- State v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1916