Hardin v. Chicago & A. Ry. Co.

• Decision Date: 05 October 1908
• Citation: 114 S.W. 1117,134 Mo. App. 681
• Parties: HARDIN et al. v. CHICAGO & A. RY. CO.
• Court: Missouri Court of Appeals

114 S.W. 1117

134 Mo. App. 681

HARDIN et al. v. CHICAGO & A. RY. CO.

Kansas City Court of Appeals. Missouri.

October 5, 1908.

Rehearing Denied January 11, 1909.

1. TRIAL (§ 252) — INSTRUCTIONS — EVIDENCE.

In an action against a carrier to recover the value of two cars of oats claimed to have been damaged during transportation, an instruction that if the oats were in sound condition when they were shipped, and were damaged by reason of being negligently carried by defendant in leaky cars, the plaintiff was entitled to recover the reasonable cash market value of the oats at the time of arrival at destination, was erroneous, where there was no evidence to show the condition of the oats at the time of arrival.

2. CARRIERS (§ 132) — INJURY TO GOODS — EVIDENCE.

Where sealed cars of oats remained for three or four weeks in the yards of the carrier at the point of destination, and when the cars were opened, the oats were found to be damaged by fermentation, the fact that the oats were in good condition at the time they were shipped is no proof that they were in the same condition on their arrival at destination.

3. CARRIERS (§ 114) — INJURY TO GOODS — TERMINATION OF LIABILITY — GOODS AWAITING DELIVERY.

A carrier is not liable for damage to oats in sealed cars by fermentation while the cars are standing in its yards at the point of destination, awaiting delivery to the consignee who has received proper notice of the arrival of the cars.

4. PRINCIPAL AND AGENT (§ 177) — NOTICE TO AGENT.

A bill of lading made out to the shipper's order, with directions to notify B. of the arrival of the shipment at destination, rendered B. the agent for the consignor for the purpose of receiving such notice, and notice to B. was notice to the consignor.

Appeal from Circuit Court, Jackson County; James H. Slover, Judge.

Action by S. Hardin and another against the Chicago & Alton Railway Company. Judgment for plaintiffs, and defendant appeals. Reversed and remanded.

Scarritt, Scarritt & Jones, for appellant. Ringoldsky & White, for respondents.

JOHNSON, J.

Action by a shipper against a common carrier to recover the value of two cars of oats shipped from Kansas City to Birmingham, Ala., and not delivered at destination to the shipper, who was also the consignee. The petition is in two counts, each car being treated as the subject of a separate cause of action. Verdict and judgment were for plaintiffs on each count for the full amount demanded, and the cause is here on the appeal of defendant. Plaintiffs, who were grain merchants at Kansas City, bought the oats on track at Kansas City, and sold them to B. B. Blackwell of Birmingham. It was found that the oats which had been shipped to Kansas City from Iowa were in defective cars, and, after delivery to defendant they were transferred to other cars, and bills of lading issued to plaintiffs for the transportation of the cars through to Birmingham. Plaintiffs were designated as consignors and consignees, and the bills of lading contained notation: "Shippers' Order. Notify B. B. Blackwell, Birmingham, Ala." The bills were dated, respectively, February 21 and 24, 1903. The transfer to different cars was completed about March 3d, and the shipment left Kansas City on that date. One car arrived at Birmingham on March 15th, and the other a day later. The agent at Birmingham of the connecting carrier that completed the transportation immediately notified Blackwell of the arrival of the cars, but no response was made to the notices. For the reason that the property was suffered to remain in the possession of the railroad company unclaimed, the...