Botts v. St. Louis & Hannibal Railway Co.
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. James D. Barrett, Judge. (1) It is well settled that where a shipper sues two or more carriers under the provisions of Sec. 5446, R. S. 1909, he can only recover from the carrier through whose negligence the loss or damage occurred. Crockett v. Railroad, 147 Mo. App. 347; Wilburn v. Railroad, 148 Mo.
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Appeal from Audrain Circuit Court. — Hon. James D. Barrett, Judge. (1) It is well settled that where a shipper sues two or more carriers under the provisions of Sec. 5446, R. S. 1909, he can only recover from the carrier through whose negligence the loss or damage occurred. Crockett v. Railroad, 147 Mo. App. 347; Wilburn v. Railroad, 148 Mo. App. 692. It will he noted in this case that the shipping contract read in evidence provided expressly that the defendant, the St. Lonis & Hannibal Railroad Company only contracted and agreed to carry the shipment to the end of its line, to-wit, Gilmore,…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued on account of the loss of several hogs in transit through the alleged negligence of defendant, a common carrier. Plaintiffs recovered and defendant prosecutes the appeal. Since the appeal was perfected plaintiff Trimble departed this life, and the case as to his interests now stand revived in the name of his executrix.
It appears that on March 21, 1907, plaintiffs Botts and Trimble as copartners, consigned at Perry, Mis*679souri, the shipment of eighty-three fat hogs over defendant’s line to Gilmore, Missouri, there to be delivered to the Wabash Railroad Company,…
2Cases cited13 opinions
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Rice v. Kansas Pacific RailwaySupreme Court of Missouri · 1876
- Kellerman v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1896
- George v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1908
- Dawson v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
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3Cited by4 opinions
- Robinson v. BushMissouri Court of Appeals · 1918
- Sullivan v. American Railway Express Co.Missouri Court of Appeals · 1922
- Long v. American Railway Express Co.Missouri Court of Appeals · 1925
- Schade v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1920