Prince & Co. v. St. Louis Cotton Compress Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Moses N. Sale, Judge. (1) When property, stored in a warehouse is damaged by an act of God, the owner of the property, in order to hold the warehouseman liable for such damage, must prove (1) that the warehouseman was negligent in failing to exercise ordinary diligence in the care of the property, and (2) that such negligence was the proximate and immediate cause of the damage.
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Appeal from St. Louis City Circuit Court. — Eon. Moses N. Sale, Judge. (1) When property, stored in a warehouse is damaged by an act of God, the owner of the property, in order to hold the warehouseman liable for such damage, must prove (1) that the warehouseman was negligent in failing to exercise ordinary diligence in the care of the property, and (2) that such negligence was the proximate and immediate cause of the damage. No evidence was before the court showing that the damage to plaintiff’s cotton was due to defendant’s negligence and the court should have instructed the jury to return…
1Opinion of the CourtBland, P. J.
(after stating tbe facts). — 1. Tbe defendant contends that tbe plaintiff should have been nonsuited, for tbe reason tbe damage to bis cotton was caused by an extraordinary flood, over which tbe defendant bad no control, and that defendant’s negligence, if *64it was negligence,was not shown to have co-operated with the act of God to produce the injury. If we correctly understand this contention, it is that defendant is not liable unless it had something to do with the construction of the Oonlogue dike or some duty to perform in respect to keeping it in repair, or was required to build it to a…
2Cases cited8 opinions
- The People v. . McCannNew York Court of Appeals · 1857
- American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
- Davis v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1886
- Turner v. HaarSupreme Court of Missouri · 1893
- Hawes v. ShawMassachusetts Supreme Judicial Court · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Missouri, K. & T. Ry. Co. v. JohnsonSupreme Court of Oklahoma · 1912
- Gratiot Street Warehouse Co. v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1907
- Wiley v. LockeSupreme Court of Kansas · 1909
- Mulderig v. St. Louis, Kansas City & Colorado RailroadMissouri Court of Appeals · 1906
- H. A. Johnson & Co. v. Springfield Ice & Refrigerating Co.Missouri Court of Appeals · 1910
2 more not listed; retrieve them via the Exa API.