Missouri Appeal Reports Volume 154

Missouri Appeal Reports Volume 154

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...for him to show by evidence that he had a joint cause of action against the defendants. Meyers v. Railway Co., 120 Mo. App. l. c. 292. 96 S. W. 737. _ One of the defenses set up in the answer of the Southwestern railway was that there was no joint action by the defendant companies; that each of said companies had entered into separate and distinct contracts with the plaintiff relative to the shipment of said stock, and that no through rate or through bill of lading was issued to the plaintiff, and that defendants cannot be. jointly liable for the damages occasioned to plaintiff's stock, if any. The evidence tended to show.that defendants maintained joint stock yards at Illmo, Missouri, and they jointly used the same track from East St. Louis, Illinois, to Illmo. That McClure was on the Illinois division of t'he Iron Mountain and that the Southwestern had no _ local station on thoseirails but that Illmo was a station on the line of the Iron Mountain. That the two defendants jointly used the same railroad track between East St. Louis and Illmo, but there was no evidence showing that they had any traffic contract with each other. Where carriers on connecting routes from associations and arrangements for the purpose of carrying goods or parcels through the whole line, they are, beyond question, partners, and each is responsible for any loss or injury to goods which may happen, in whatever part of the line it occurs. Coates v. Express Co., 45 Mo. 238. A common carrier may contract to carry beyond the end of its own line, and where several common carriers, each having its own line, associate and form a continuous line, and contract to carry goods through for an agreed price, which the shipper pays in one sum, and which the carriers divide...
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Product details

  • Paperback | 274 pages
  • 189 x 246 x 15mm | 494g
  • United States
  • English
  • black & white illustrations
  • 1236987780
  • 9781236987785