Dimmitt v. Kansas City, St. Joseph & Council Bluffs Railroad
Supreme Court of Missouri
Appeal from, Buchanan Circuit Court. — Hon. Jos. P. Grubb, Judge. (1) A station agent has no power to bind the company by a contract for transportation to points beyond its own line, and a contract of that nature entered into by Mm is void. Grover v. Baker, 70 Mo. 672 ; Turner v. Railroad, 20 Mo. App. 632. (2) The defendant’s first instruction should, have been given.
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Appeal from, Buchanan Circuit Court. — Hon. Jos. P. Grubb, Judge. (1) A station agent has no power to bind the company by a contract for transportation to points beyond its own line, and a contract of that nature entered into by Mm is void. Grover v. Baker, 70 Mo. 672 ; Turner v. Railroad, 20 Mo. App. 632. (2) The defendant’s first instruction should, have been given. A recovery against the defendant could not be sustained save upon proof that, first, there had been negligence on the part of the Chicago & Northwestern Company, and, second, that the loss of said box was the result of such…
1Opinion of the CourtBrace, J.
This case is certified here from the Kansas City court of appeals as one involving a constitutional question. The material averments of the petition are that the plaintiffs delivered to the defendant at the city of St. Joseph, in the state of Missouri, one box in good order containing six thousand cigars of the value of $315, marked and consigned to one J. McAleer at the city of Deadwood, in the territory of Dakota, to be carried and delivered to said consignee at said Deadwood, according to said marks and directions; that said defendant then and there received said box of cigars for the…
2Cases cited1 opinion
- Snider v. Adams Express Co.Supreme Court of Missouri · 1876
3Cited by21 opinions
- Marshall & Michel Grain Co. v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1903
- Western Sash & Door Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1903
- Blackmer & Post Pipe Co. v. Mobile & Ohio RailroadMissouri Court of Appeals · 1909
- Marshall & Antles v. Kansas City, Fort Scott & Memphis Railway Co.Missouri Court of Appeals · 1898
- State National Bank v. Chicago Great Western Railway Co.Missouri Court of Appeals · 1897
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