Buddy v. Wabash, St. Louis & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court, Hon. Joseph P. G-rubb, Judge. The case and. facts are stated in the opinion of the court. I. The demurrer to the evidence should have been sustained. There was no proof of any negligence whatever •on the part of defendant. Lawson on Contract of Carriers, sect. 187, and cases cited. The contract was to transport the goods to Chicago; not to the store of the consignee.
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Appeal from Buchanan Circuit Court, Hon. Joseph P. G-rubb, Judge. The case and. facts are stated in the opinion of the court. I. The demurrer to the evidence should have been sustained. There was no proof of any negligence whatever •on the part of defendant. Lawson on Contract of Carriers, sect. 187, and cases cited. The contract was to transport the goods to Chicago; not to the store of the consignee. Ibid, sect. 248; Clark v. R. R., 64 Mo. 440 ; Sturgeon v. R. R., 65 Mo. 569 ; Cramer v. Express Co., 56 Mo. 524. II. The instructions given for plaintiff were not based on the evidence and…
1Opinion of the CourtEllison, J.
Plaintiff, as consignor, shipped on defendant’s road, one hundred and forty barrels of apples to be delivered to G. Lasher & Son, or assigns, at Chicago. The shipment was under the following contract, declared on in plaintiff’s petition :
“Received from-C. A. Buddy, in good order and condition, by the Wabash, St. Louis & Pacific Railroad Company, at the Plattsburg depot, the following articles, being marked and numbered as below, which are to be delivered in like good order and condition, to G. Lasher & Son, or assigns, at Chicago, he or they paying freight for said goods, at the rate of forty…
2Cases cited5 opinions
- Levering v. Union Transportation & InsuranceSupreme Court of Missouri · 1867
- Clark v. St. Louis, Kansas City, & Northern Railway Co.Supreme Court of Missouri · 1877
- Gashweiler v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- Holtzclaw v. DuffSupreme Court of Missouri · 1858
- Kansas City Transfer Co. v. NeiswangerMissouri Court of Appeals · 1885
3Cited by7 opinions
- D. Klass Commission Co. v. Wabash RailroadMissouri Court of Appeals · 1899
- Yontz v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1913
- Pindell v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1889
- Wentworth Fruit Growers Ass'n v. American Railway Express Co.Missouri Court of Appeals · 1928
- Snowden v. Tremont & G. Ry. Co.Louisiana Court of Appeal · 1932
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