Ketchum v. American Merchants Union Express Co.
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. Under the special contract defendant was not a common carrier as to this glass, blit a private carrier for hire and responsible according to the terms of his contract, (Angelí on Carriers, 54; Sunderland vs. Westcott, 2 Sweeny, [N. Y.,] 260 ; Dorr vs. N. J. Steam Nav. -Co., 11 N. Y., 485 ; Meyer vs. Hamden’s Exp. Co., 24 How. Pr., 290 ; Moore vs. Evans, 14 Barb., 529 ; French vs. Buff, N. Y. & E. R. R., 4 Keyes, 119; Nelson vs. II.
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Appeal from St. Louis Circuit Court. I. Under the special contract defendant was not a common carrier as to this glass, blit a private carrier for hire and responsible according to the terms of his contract, (Angelí on Carriers, 54; Sunderland vs. Westcott, 2 Sweeny, [N. Y.,] 260 ; Dorr vs. N. J. Steam Nav. -Co., 11 N. Y., 485 ; Meyer vs. Hamden’s Exp. Co., 24 How. Pr., 290 ; Moore vs. Evans, 14 Barb., 529 ; French vs. Buff, N. Y. & E. R. R., 4 Keyes, 119; Nelson vs. II. R. R. R., 48 N. Y., 498; N. J. Steam' Nav. Co. vs. Mer. B’k., 6 How., [U. S.] 382; York Co. vs. Central R. R., 3 Wall., 107…
1Opinion of the CourtEwing, Judge
The petition alleged, that the defendant on the 7th day of June, 1870, was a common carrier, carrying goods, etc., from New York to St. Louis, and that on that day plaintiff delivered to defendant at the city of New York two boxes of plate glass to be safely and securely carried by defendant, as a common carrier, from New York to St. Louis, and there safely and securely delivered to plaintiff, for a reasonable reward, and that defendant not regarding its duty as a common carrier did not safely and securely carry the glass from New York to St. Louis, and did not safely and securely deliver it…
2Cases cited2 opinions
- Wolf v. American Express Co.Supreme Court of Missouri · 1869
- Levering v. Union Transportation & InsuranceSupreme Court of Missouri · 1867
3Cited by17 opinions
- Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
- Rice v. Kansas Pacific RailwaySupreme Court of Missouri · 1876
- Read v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1875
- St. Louis, Kansas City & Northern Railway Co. v. ClearySupreme Court of Missouri · 1883
- Snider v. Adams Express Co.Supreme Court of Missouri · 1876
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