Gregory v. Wabash Railway Co.
Missouri Court of Appeals
Appeal from the Chariton Circuit Court. — Hon. G. L>. Burgess, Judge. (1) The uncontradicted testimony, admitted by tbe demurrer to be true, is that the goods were delivered to the carriel’, at its depot, boxed and marked for shipment, and, as an incident, prior to the shipment, placed by the order of the agent of the carrier- in its freight-room. This was delivery to the carrier, and the liability of common carrier began at the time of such delivery.
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Appeal from the Chariton Circuit Court. — Hon. G. L>. Burgess, Judge. (1) The uncontradicted testimony, admitted by tbe demurrer to be true, is that the goods were delivered to the carriel’, at its depot, boxed and marked for shipment, and, as an incident, prior to the shipment, placed by the order of the agent of the carrier- in its freight-room. This was delivery to the carrier, and the liability of common carrier began at the time of such delivery. Mason v. Railroad, 25 Mo. App. 473 ; Railroad v. KirJcwood, 9 Am. & Eng. R. R. Cases, 85; Railroad v. Smyser, 38 Ill. 354; Grosvenor ».…
1Opinion of the CourtGill, J.
Mrs. Gregory, the plaintiff, while chang-
ing her residence, on February 28, 1890, sent to the' depot of defendant at Brunswick two wagonloads of household goods, consisting of a piano and some other articles, boxed and marked “Mrs. M. S. Gregory, Gallatin, Missouri.” For some reason, not altogether clear, as will be seen by the evidence hereinafter noticed, the piano and other goods were stored in defendant’s depot at Brunswick. This was at about three o’clock p. iu., Friday, February 28. On Sunday night following the depot and goods were destroyed by fire, and this ,'suit was brought to…
2Cases cited1 opinion
- Mason v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
3Cited by4 opinions
- Seven Networks, LLC v. Google LLCDistrict Court, E.D. Texas · 2018
- Morrison Grain Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1914
- Goodbar v. Wabash Railway Co.Missouri Court of Appeals · 1893
- Handlan-Buck Manufacturing Co. v. Wendelkin Construction Co.Missouri Court of Appeals · 1907