146 Mo. App. 224 | Mo. Ct. App. | 1909
(after stating the facts). — Plaintiff contends the transportation receipt, or bill of lading, issued by defendant, bound it to carry the property to Fortieth street and Princeton avenue, or, at least, made it responsible for the property to said destination; and hence, even allowing the words “care of Chicago Junction Railroad Co.” authorized delivery to the junction railroad company instead of plaintiff, the designated consignee, a delivery to the junction company at any other point than Fortieth street and Princeton avenue was not a compliance with the bill of lading and did not discharge defendant from liability for plaintiff’s loss of its lien. A case in point is cited, the doctrine of which would make defendant a through carrier and responsible for the property to the destination named — Fortieth street and Princeton avenue — notwithstanding the insertion in the receipt of the words “care of the Chicago Junction Railroad Co.” [Wohl v. Holt, 26 Wis. 703.] Perhaps that rule is within the principle of our decisions; though we find none which deals with facts exactly like those before its. [Marshall, etc., Grain Co. v. Railroad, 176 Mo. 480; Western Sash & Door Co. v. Railroad, 177 Mo. 641.] Defendant contends it was authorized by the bill of lading to turn the car over to the junction company at any point in Chicago, and hence is not answerable to plaintiff for Leigh’s having obtained the goods without discharging plaintiff’s lien. We pass by the contention regarding the
As to whether, if defendant actually delivered the goods to the junction company and relinquished control over them, of which there is no proof in the record, it was a good delivery, we say not, but merely call attention to 2 Hutchinson on Carriers, sec. 676, and Schlesinger v. Railroad, 88 Mo. App. 273.
Two other technical points are made against plaintiff’s right to recover, but we consider them without merit.
The judgment is reversed and the cause remanded.