Hartmann v. Louisville & Nashville Railroad
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hour. Daniel Dillon, Judge. The shipper may sue ex delicto, as did plaintiff, and when he showed delivery of the goods to defendant and failure to receive, and a loss of them, he made out a prima facie case, and it was for defendant to set up a special contract, prove it and bring himself within the terms of it under the laws of Illinois.
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Appeal from the St. Louis City Circuit Court. — Hour. Daniel Dillon, Judge. The shipper may sue ex delicto, as did plaintiff, and when he showed delivery of the goods to defendant and failure to receive, and a loss of them, he made out a prima facie case, and it was for defendant to set up a special contract, prove it and bring himself within the terms of it under the laws of Illinois. Bams v. Bailroad, 89 Mo. 350; Ciarle v. Bailroad, 64 Mo. 446; Lawson on Carriers, sec. 245. The burden of proof being on defendant, the instructions numbers one and three asked by plaintiff and refused, so…
1Opinion of the CourtThompson, J.
This was an action to enforce a common-law liability of the defendant as a common carrier, for failing to deliver to the plaintiff certain goods which it had received from an agent of the plaintiff at Mascoutah in the state of Illinois, to be shipped to the plaintiff at St. Louis in this state. The answer is a general denial, and also a paragraph, setting up that there was a special contract between the plaintiff and the defendant, under which the goods were shipped, and whereby it was agreed that the defendant should be exonerated from liability in the case of a loss of the goods by fire,…
2Cases cited11 opinions
- Scudder v. Union National BankSupreme Court of the United States · 1875
- Grace v. AdamsMassachusetts Supreme Judicial Court · 1868
- St. Louis, Kansas City & Northern Railway Co. v. ClearySupreme Court of Missouri · 1883
- Faulkner v. . HartNew York Court of Appeals · 1880
- O'Bryan v. KinneySupreme Court of Missouri · 1881
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- James-Dickinson Farm Mortgage Co. v. HarrySupreme Court of the United States · 1927
- Illinois Fuel Co. v. Mobile & Ohio RailroadSupreme Court of Missouri · 1928
- Swedish-American National Bank v. First National BankSupreme Court of Minnesota · 1903
- Buhler v. MaddisonUtah Supreme Court · 1947
- Frasier v. Charleston & Western Car. Ry.Supreme Court of South Carolina · 1905
7 more not listed; retrieve them via the Exa API.