Lin v. Terre Haute & Indianapolis Railroad
Missouri Court of Appeals
Appeal from tbe St. Louis Circuit Court, Lindley, J. The responsibility for the delivery of the baggage rested upon every road over which the baggage passed under the contract. — Thornton Check v. Railroad Co., 2 Disney, 237; Railroad Co. v. 8pratt, 2 Duv. 4 ; Cobb v. Abbott, 14 Pick. 289 ; Hart v. Railroad Co., 8 N. Y. 37; Carter v. Peck, 4 Sneed, 203.; Wilson v. Railroad Co., 21 G-ratt. 654. Partnership is not necessary to constitute a joint liability. —Hutch, on Car. 127,…
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Appeal from tbe St. Louis Circuit Court, Lindley, J. The responsibility for the delivery of the baggage rested upon every road over which the baggage passed under the contract. — Thornton Check v. Railroad Co., 2 Disney, 237; Railroad Co. v. 8pratt, 2 Duv. 4 ; Cobb v. Abbott, 14 Pick. 289 ; Hart v. Railroad Co., 8 N. Y. 37; Carter v. Peck, 4 Sneed, 203.; Wilson v. Railroad Co., 21 G-ratt. 654. Partnership is not necessary to constitute a joint liability. —Hutch, on Car. 127, chap. 4, sect. 715; Wyman v. Railroad Co., 4 Mo. App. 35. Where the last carrier on the line is sued for the loss,…
1Opinion of the CourtThompson, J.
We have endeavored to give the motion for a rehearing in this, case that considerate attention to which such motions are entitled.
1. The point that the plaintiff did not set forth in his pleading the ground oh which his right to recover was placed by the court, was considered by us before the opinion was filed, but we did not regard it as of sufficient importance to allude to it in the written opinion. The suit was commenced before a justice of the peace ; and it is sufficient in suits thus commenced that the statement of the cause of action filed apprise the defendant of the nature of the…
2Cases cited1 opinion
- Lord v. KoenigMissouri Court of Appeals · 1879