Nines v. St. Louis, I. M. & S. Ry. Co.

• Decision Date: 22 December 1891
• Citation: 107 Mo. 475,18 S.W. 26
• Court: Missouri Supreme Court
• Parties: NINES v. ST. LOUIS, I. M. & S. RY. CO.

18 S.W. 26

107 Mo. 475

NINES v. ST. LOUIS, I. M. & S. RY. CO.

Supreme Court of Missouri, Division No. 2.

December 22, 1891.

CARRIERS OF GOODS — CONNECTING LINES — CONSTITUTIONALITY OF STATUTE REGULATING — LIMITATION OF LIABILITY.

1. Rev. St. 1879, § 598, providing that when property "is received by a common carrier to be transferred from one place to another within or without this state, or when a railroad or other transportation company issues receipts or bills of lading in this state," it shall be liable for any loss, damage, or injury to such property, caused by its negligence or the negligence of any other common carrier, etc., to which such property may be delivered, or over whose line such property may pass, is constitutional. Dimmitt v. Railway Co., 15 S. W. Rep. 761, 103 Mo. 433, followed.

2. A bill of lading by a railway company of goods to be transported over its own and connecting lines stipulated that damages for loss or injury sustained in transit should be recoverable against the particular railway company having custody of such goods at the time of such loss or injury. Held, that defendant was liable for loss or damage on its own line only. Dimmitt v. Railway Co., 15 S. W. Rep. 761, 103 Mo. 433, followed.

Appeal from circuit court, Mississippi county; W. N. RANDOLPH, Special Judge.

Action by A. B. Nines against the St. Louis, Iron Mountain & Southern Railway Company. Judgment for plaintiff. Defendant appeals. Reversed, and remanded for new trial.

H. S. Priest and M. L. Clardy, for appellant. Burrough, Arnold & Boone, for respondent.

THOMAS, J.

The petition, which contains five counts, avers that in the year 1883 "the St. Louis, Iron Mountain, or, in other words, the Missouri Pacific and leased and operated lines," had a contract with the Chicago, Burlington & Quincy, the Keokuk & St. Louis Railway, the Chicago, Milwaukee & St. Paul Railway, and the Minneapolis & St. Louis Railway for the purpose of receiving, within the territory along their respective routes, freight, produce, fruit, etc., to be carried over their lines, and delivered according to consignment, the tariff of charges for the carriage thereof being distributed and received by each of said roads in proportion to the distance each road should carry the same. The first count is for an alleged excessive freight charge of $29.88 on a car-load of melons shipped from Diehlstadt, on the line of defendant's road, to Dubuque, Iowa, on the Keokuk & St. Louis Railway. There was a verdict for the defendant on the second count. The third count is for damage to a car-load of melons shipped from Diehlstadt to La Crosse, Wis., over the St. Louis, Iron Mountain & Southern Railway and the Chicago, Burlington & Quincy Railway, by reason of an alleged delay in the arrival of the car at La Crosse. The fourth count is for an alleged freight overcharge on the car of melons mentioned in the third count. The fifth and last count is for damages arising, it is alleged, from the car which was loaded with melons being broken open and robbed while in transit. The amended answer of defendant, after denying the allegations of the petition, states that by the terms of the contract of shipment the defendant did agree and undertake to ship...