Collier v. Langan & Taylor Storage & Moving Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) Tbe defendant was a private and not a common carrier. Fancber v. Wilson, 68 N. H. 338 and cases cited; Mfg. Co. v. Railroad, 19 S. C. 353; Fish v. Chapman, 2 Ga. 349; Thompson v. Storage Co., 97 Mo. App. 135; Jaminet v. Storage & Moving Co., 109 Mo. App. 269. (2) Tbe court should have given the instruction in the nature of a demurrer requested by defendant at the close of all the evidence.
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Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) Tbe defendant was a private and not a common carrier. Fancber v. Wilson, 68 N. H. 338 and cases cited; Mfg. Co. v. Railroad, 19 S. C. 353; Fish v. Chapman, 2 Ga. 349; Thompson v. Storage Co., 97 Mo. App. 135; Jaminet v. Storage & Moving Co., 109 Mo. App. 269. (2) Tbe court should have given the instruction in the nature of a demurrer requested by defendant at the close of all the evidence. Berger v. Storage & Com. Co., 136 Mo. App. 42; Jaminet v. Storage & Moving Co., 109 Mo. App. 264. (3) Plaintiff’s wife was an…
1Opinion of the CourtReynolds, P. J.
(after stating the facts).— The assignments of error in this court hv the learned counsel for defendant are, first, that the defendant was a private and not a common carrier; that it was a bailee for hire and responsible only for loss occasioned by its servants’ negligence; second, that the court should have given the instruction in the nature of a demurrer, requested by defendant at the close of all the evidence; third, that plaintiff’s wife was an incompetent witness *716to prove tbe value of the articles destroyed and that it was error to permit her to refresh her memory from a memorandum made…
2Cases cited12 opinions
- Jackson Architectural Iron Works v. HurlbutNew York Court of Appeals · 1899
- Kansas Pacific Rly. Co. v. Nichols, Kennedy & Co.Supreme Court of Kansas · 1872
- Allen v. . SackriderNew York Court of Appeals · 1867
- Chevallier v. StrahamTexas Supreme Court · 1847
- Berger v. St. Louis Storage & Commission Co.Missouri Court of Appeals · 1909
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3Cited by9 opinions
- State v. BradleySupreme Court of Missouri · 1950
- Arizona Corp. Commission v. Reliable Transportation Co.Arizona Supreme Court · 1959
- Claypool v. Lightning Delivery Co.Arizona Supreme Court · 1931
- The Home Insurance Company v. Thomas H. Riddell, Jr., and Charles F. RiddellCourt of Appeals for the Fifth Circuit · 1958
- Houle v. LewonisMassachusetts Supreme Judicial Court · 1923
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