Rankin v. Pacific R. R.
Supreme Court of Missouri
Error to Morgan Circuit Court. I. The second instruction given for plaintiff is erroneous. A man cannot compel the carrier to buy his goods, simply because there may have been an unreasonable delay. This is well settled. (2 Redf. Railw. p. 167, § 175, note 2; Briggs vs. N. Y. Cent. R. R., 28 Barb., 515 ; Redf. Cay., § 3, 14 ; Arig. Car., § 490a; Scoville vs. Griffith, 12 N. Y., 509 ; Sedg.
Read the full summary
Error to Morgan Circuit Court. I. The second instruction given for plaintiff is erroneous. A man cannot compel the carrier to buy his goods, simply because there may have been an unreasonable delay. This is well settled. (2 Redf. Railw. p. 167, § 175, note 2; Briggs vs. N. Y. Cent. R. R., 28 Barb., 515 ; Redf. Cay., § 3, 14 ; Arig. Car., § 490a; Scoville vs. Griffith, 12 N. Y., 509 ; Sedg. Dam. [3 Ed.], 376 § 359, and n.; Hackett vs. B., C. & M. R. R., 35 N. H., 390 ; New Orleans R. R. vs. Tyson, 46 Miss., 729; Shaw vs. S. O. R. R. Co., 5 Rich. [S. C.], 462; Tucker vs. P. R. R., 50 Mo., 386.)…
1Opinion of the CourtAdams, Judge
This was an action against the defendant as a railroad common carrier, for non-compliance with a contract of affreightment. The goods consisting of house castings intended to be put in a brick house then being erected by plaintiff at Versailles, fifteen or twenty miles from Tipton, were shipped at Boonville, Missouri, to be carried by defendant to Tipton, about twenty-six miles.
The goods arrived at Tipton the same day they were shipped, but by the carelessness of defendant’s agents, were left in the car and went on through to St. Louis, where they remained for several days, and were not…
2Cases cited1 opinion
- Briggs v. New York Central Rail RoadNew York Supreme Court · 1858
3Cited by4 opinions
- Sloop v. Wabash RailroadMissouri Court of Appeals · 1902
- Kansas City Transfer Co. v. NeiswangerMissouri Court of Appeals · 1885
- Bergner v. Chicago & Alton RailroadMissouri Court of Appeals · 1883
- Eaton v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1882