10 S.W. 610 (Mo. 1889), Nall v. Wabash, St. Louis & Pacific Railway Co.

• Citation: 10 S.W. 610, 97 Mo. 68
• Opinion Judge: Ray, C. J.
• Party Name: Nall v. The Wabash, St. Louis & Pacific Railway Company, Appellant
• Attorney: Matthews & Sparrow for respondent. Geo. S. Grover for appellant.
• Case Date: February 04, 1889
• Court: Supreme Court of Missouri

Page 610

10 S.W. 610 (Mo. 1889)

97 Mo. 68

Nall

v.

The Wabash, St. Louis & Pacific Railway Company, Appellant

Supreme Court of Missouri

February 4, 1889

Transferred from Kansas City Court of Appeals.

Re-transferred.

Matthews & Sparrow for respondent.

Geo. S. Grover for appellant.

OPINION

Ray, C. J.

This cause was appealed from the Macon circuit court, and the record sent to the Kansas City court of appeals, where, upon motion of defendant, the cause was transferred to this court, for the alleged reason "that the issues in said cause involved a construction of the federal constitution." Whether that be so or not, depends upon the proper construction of the pleadings in the cause.

[97 Mo. 69] The petition is as follows: "Plaintiff states and alleges, that on the twenty-sixth day of February, 1883, he owned certain goods and chattels, to-wit, one cook-stove and one box of household goods. That the defendant is a railroad corporation, under the laws of the state of Missouri, and a common carrier of persons, goods and merchandise, and was such at the time the said corporation undertook to ship and carry the property and goods of plaintiff, hereinafter mentioned. That on the twenty-sixth day of February, 1883, the defendant owned and operated a railroad, known as the Wabash, St. Louis & Pacific Railway, running through the city of Macon, upon which road the defendant ran and operated its engines and cars, and transported and carried goods, wares and merchandise as a common carrier. That on said twenty-sixth day of February, 1883, the plaintiff delivered to the defendant one cook-stove and one box of household goods, in good condition, for transportation from the city of Macon, aforesaid, to Corinth, Kentucky. That plaintiff paid them the price demanded for carrying said goods, to-wit, $ 7.70, and that in consideration of said price, paid as aforesaid, the defendant, as such common carrier, undertook and agreed to carry and transport said goods from the city of Macon to Corinth, Kentucky, and deliver the same in like good order, within a reasonable time. Plaintiff states that defendant has failed to perform its undertaking as such common carrier, and has failed to deliver said goods, as aforesaid, at said

Page 611

point of delivery, and the same have been a loss to this plaintiff of the whole thereof. That the value of said goods was one hundred dollars, and plaintiff has been damaged by reason of the premises in the full value thereof, and he therefore asks judgment for the same, with costs of this action."

The answer of defendant was as follows: (1) It admitted that it was a railroad corporation under the [97 Mo. 70] laws of the state of Missouri. (2) That on the twenty-sixth day of February, 1883, it owned and operated a railroad known as the Wabash, St. Louis & Pacific Railway, running from and through the city of Macon. (3) It denied each and every other allegation in plaintiff's petition. For further answer, it averred that it received from one J. M. Nall, at Macon City, Missouri, on or about the twenty-sixth day of February, 1883, one box...