Atkisson v. Steamboat Castle Garden
Supreme Court of Missouri
Error to Camden Circuit Court. This was an action against the steamboat Castle Garden to recover damages for the breach of a contract to transport certain goods, wares and merchandise from St. Louis to Warsaw, on the Osage river, and to tow a flat-boat loaded with whisky and lumber from the mouth of the Osage to said Warsaw.
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Error to Camden Circuit Court. This was an action against the steamboat Castle Garden to recover damages for the breach of a contract to transport certain goods, wares and merchandise from St. Louis to Warsaw, on the Osage river, and to tow a flat-boat loaded with whisky and lumber from the mouth of the Osage to said Warsaw. Neither the goods nor the flat-boat were taken to their place of destination, but were delivered at a point short thereof after a detention of a considerable time and in a damaged condition. I. The court erred in admitting the evidence of Jopling contradicting his…
1Opinion of the CourtScott, Judge
The judgment in this case must be reversed, if for no other reason than on account of the error in admitting as evidence the paper headed “ sold J. F. Weidemeyer.” This paper contained the amounts of the various bills of the goods shipped on the “ Castle Garden,” which were alleged to have been made with different merchants in St. Louis, with freight, insurance and ten per cent, added to the cost. There was no evidence of the authenticity of these bills or of their correctness. The witness Tutt merely stated that the plaintiff had made a contract to sell said goods to Weidemeyer before they…
2Cases cited1 opinion
- Watkinson v. LaughtonNew York Supreme Court · 1811
3Cited by3 opinions
- Besshears v. RoweSupreme Court of Missouri · 1870
- Gray v. Missouri River Packet Co.Supreme Court of Missouri · 1876
- Wilson v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908