Gashweiler v. Wabash, St. Louis & Pacific Railway Co.
Supreme Court of Missouri
Appeal from Randolph Circuit Court. — Hon. Geo. H. Burckhartt, Judge. Under the pleadings and the evidence, plaintiff was not entitled to recover.
Read the full summary
Appeal from Randolph Circuit Court. — Hon. Geo. H. Burckhartt, Judge. Under the pleadings and the evidence, plaintiff was not entitled to recover. It was not liable as a common carrier, for the transit was ended and the goods were safely stored before the fire.- Angelí on Carriers, sec. 304; Story on Bailments (9th Ed.), secs. 448 and 538; Thomas v. R. R., 10 Met. 472; Noway, &c. v. R. R., 1 Gray 263; Rice v. Hart, 118 Mass. 208; Holtzclaw v. Duff, 27 Mo. 394; Cramer v. Express Co., 56 Mo. 524. Nor was it liable as a warehouseman for'hire by reason of its failure to provide a fire-proof…
1Opinion of the CourtHenry, J.
This snit was instituted to recover the value of a box and its contents shipped from San Francisco, California, to Moberly, Missouri. The petition contained two counts. The first charged defendant with a breach of duty, as a common carrier, in failing to notify plaintiff, or her agent, of the arrival of said box at Moberly, in failing to transport said box from St. Joseph, Missouri, to Moberly, and deliver the same, and its subsequent destruction by fire, at defendant’s freight depot at Moberly.
The second count charged defendant with a breach of its duty, as a warehouseman, alleging that said…
2Cases cited9 opinions
- Gibson v. CulverNew York Supreme Court · 1837
- Ostrander v. Brown & StaffordNew York Supreme Court · 1818
- Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1859
- Cope v. CordovaSupreme Court of Pennsylvania · 1829
- Merchants' Dispatch Transportation Co. v. HallockIllinois Supreme Court · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- D. Klass Commission Co. v. Wabash RailroadMissouri Court of Appeals · 1899
- Munger Automobile Co. v. American Lloyds of DallasCourt of Appeals of Texas · 1924
- Berger v. St. Louis Storage & Commission Co.Missouri Court of Appeals · 1909
- Cross v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1883
14 more not listed; retrieve them via the Exa API.