Springfield Crystallized Egg Co. v. Springfield Ice & Refrigerating Co.
Supreme Court of Missouri
Appeal from Laclede Circuit Court. — Hon. L. B. Woodside, Judge. (1) In this case, in stating the cause of action, plaintiff does not count on the bailment and ask judgment on the ground of non-delivery of goods on demand. This it could have done and could thus have imposed upon defendant the burden of showing that the damage was attributable solely to an act of God, or that it was not caused by any negligence of defend-, ant.
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Appeal from Laclede Circuit Court. — Hon. L. B. Woodside, Judge. (1) In this case, in stating the cause of action, plaintiff does not count on the bailment and ask judgment on the ground of non-delivery of goods on demand. This it could have done and could thus have imposed upon defendant the burden of showing that the damage was attributable solely to an act of God, or that it was not caused by any negligence of defend-, ant. Per contra, the petition alleges specific acts of negligence. Prom such petition it also appears that this alleged negligence concurred with an act of God. Under such…
1Opinion of the CourtLamm, J.
Plaintiff, a corporate manufacturer of hen’s egg product, in 1905 stored the rise of two hundred barrels of it with defendant, a corporate warehouseman, as a bailee for hire at five cents a barrel per month. Water damaged the product in July, 1905. Thereat plaintiff sued in the Greene Circuit Court laying its damages at $18,611.46 for negligence. Presently plaintiff took a change of venue to the Webster Circuit Court. Presently defendant, in turn, took a change of venue to the Laclede Circuit Court. In that court plaintiff obtained a verdict of $12,000 in August, 1910. Failing to obtain a new…
2Cases cited6 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Crawford v. Kansas City Stock Yards Co.Supreme Court of Missouri · 1908
- Moffatt Commission Co. v. Union Pacific Railway Co.Missouri Court of Appeals · 1905
- Gratiot Street Warehouse Co. v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1907
- H. A. Johnson & Co. v. Springfield Ice & Refrigerating Co.Missouri Court of Appeals · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Weller v. Hayes Truck LinesSupreme Court of Missouri · 1946
- People ex rel. Hubbard & Moffitt Commission Co. v. CochraneSupreme Court of Missouri · 1915
- Dugdale v. St. Joseph Railway, Light, Heat & Power Co.Missouri Court of Appeals · 1916
- Johnson v. UnderwoodSupreme Court of Missouri · 1930
- Railway Express Agency v. SchoenArizona Supreme Court · 1950
2 more not listed; retrieve them via the Exa API.