Witting v. St. Louis & San Francisco Railway Co.
Supreme Court of Missouri
Appeal from St. Louis Gity Circuit Gourt. — Hon. Gr. W. Lubke, Judge. (1) The bill of lading introduced in evidence by the defendant is the express contract under whose terms the shipment was made.
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Appeal from St. Louis Gity Circuit Gourt. — Hon. Gr. W. Lubke, Judge. (1) The bill of lading introduced in evidence by the defendant is the express contract under whose terms the shipment was made. Shelton v. Railroad, 59 N. Y. 258; Nelson v. Railroad, 48 N. Y. 498; Moriarty v. Herndon's Express, 1 Daly, 227; Grace v. Adams, 100 Mass. 505 ; O'Brien v. Kinney, 74 Mo. 125 ; Wallace v. Matthews, 39 Gra. 633. (2) The instruction in the nature of a demurrer to the evidence asked at the close of the whole case ought to have been given. (3) Defendant in producing this special contract had shifted…
1Opinion of the CourtBlack, J.
This suit was commenced before a justice of the peace by filing the following account: “St. Louis and San Francisco Railway Company to Theo'. J. Witting (formerly Reichenbach), Dr. To damages in negligently breaking soda apparatus shipped May 2, 1884, from Oswego, Kansas, to St. Louis, Missouri, two hundred dollars.”
The justice gave judgment by default, and thereafter the defendant appealed to the circuit court, where, upon a trial anew, the plaintiff again recovered judgment, and the defendant appealed to the St. Louis court of appeals. That court reversed the judgment, and remanded the…
2Cases cited11 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Lamb v. Camden & Amboy Railroad & Transportation Co.New York Court of Appeals · 1871
- Butts v. PhelpsSupreme Court of Missouri · 1883
- Read v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1875
- Davis v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1886
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3Cited by51 opinions
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- Leonard v. SparksSupreme Court of Missouri · 1893
- Hopkins v. RailroadTennessee Supreme Court · 1896
- Otis Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Bushnell v. Wabash RailroadMissouri Court of Appeals · 1906
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