Milne v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. William M. Kinsey, Judge. (1) The demurrer to the evidence should have been sustained. The lumber was never delivered to the defendant. Yoakum v. Dry den, 26 S. W. 312; Railroad v. Hodde, 42 Tex. 467; O’Bannon v. Exp. Co., 51 Ala. 481; Railroad v. Echols, 97 Ala. 556; Truax v. Railroad, 3 Hous. (111 Dela.) 233; Tate v. Railroad, 78 Miss. 842. (2) There was no evidence that any lumber was ever placed in the car.
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Appeal from St. Louis City Circuit Court. — Eon. William M. Kinsey, Judge. (1) The demurrer to the evidence should have been sustained. The lumber was never delivered to the defendant. Yoakum v. Dry den, 26 S. W. 312; Railroad v. Hodde, 42 Tex. 467; O’Bannon v. Exp. Co., 51 Ala. 481; Railroad v. Echols, 97 Ala. 556; Truax v. Railroad, 3 Hous. (111 Dela.) 233; Tate v. Railroad, 78 Miss. 842. (2) There was no evidence that any lumber was ever placed in the car. The so-called “invoice” of the Benton Lumber & Mfg. Co. was inadmissible and proved nothing. It was not a book entry, not shown to have…
1Opinion of the CourtNortoni, J.
This is a suit against a common carrier on the obligation of an insurer annexed by law to its calling, for the value of a carload of lumber which was lost to plaintiffs while in its possession. Plaintiffs recovered and defendant prosecutes the appeal. Plaintiffs are co-partners and conduct a wholesale lumber business in the city of St. Louis, and defendant is an incorporated railroad company, engaged in the business of a common carrier of freight between Price, Arkansas, and St. Louis, Missouri. The lumber involved was loaded on defendant’s car at what is spoken of in the evidence as a “blind…
2Cases cited13 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Rothrock v. Cordz-Fisher Lumber Co.Supreme Court of Missouri · 1898
- Anchor Milling Co. v. WalshSupreme Court of Missouri · 1891
- Ouimit v. HenshawSupreme Court of Vermont · 1863
- Baum v. FryrearSupreme Court of Missouri · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In Re Petersen's EstateSupreme Court of Missouri · 1956
- Title Guaranty & Surety Co. v. Missouri ex. rel. StormfeltzCourt of Appeals for the Eighth Circuit · 1939
- Jennings v. OverholtMissouri Court of Appeals · 1915
- Mitchell v. St. Louis Argus Publishing Co.Missouri Court of Appeals · 1970
- Brumbaugh v. Travelers Indemnity Co.Missouri Court of Appeals · 1965
4 more not listed; retrieve them via the Exa API.