105 Mo. 642 | Mo. | 1891
This case was appealed from the circuit conrt of the city of St. Louis to the St. Louis court of appeals, from which it was transferred to this court as involving the construction of the constitution of the United States. A statement pointing out the question involved is made by Judge Thompson of said court of appeals in his opinion, upon which the transfer was ordered, as follows:
“ This is an action against a common carrier for damages for loss of certain cotton while in the hands of the carrier for transit. The cotton was shipped from a point in Texas, and was burned at Galveston, in the same state. The defendant, in his answer, pleads the following stipulation in the bill of lading and claims exemption from liability thereunder: ‘ The cotton aforesaid may pass through the custody of several carriers before reaching its destination, and it is understood as a part of the consideration for which the said cotton is received, that the exceptions from liability made by such carriers, respectively, shall operate in the carriage by them, respectively, of the said cotton, as though inserted herein at length, and especially that neither of said carriers or his company shall be liable for loss or damage of any kind occasioned by delays from any cause or change of weather, or for loss or damage by fibre, or for loss or damage on seas, lakes, canals or rivers.’ The plaintiff, in his reply, pleads the following statute of Texas: ‘ Railroad companies and other common carriers of goods, wares and merchandise, for hire, within this state, on land, or in boat or vessels on the waters entirely within the body of this state, shall not limit or restrict their liability as it exists at common law by any general or special notice, or by inserting exceptions in the bill of lading, or memorandum given upon the
The question here presented is whether this court or the St. Louis court of appeals has appellate jurisdiction of the subject-matter of this case. It is quite clear that the jurisdiction is to be determined, not from what has been done in the appellate court, but from the record as it was when the appeal was taken. The jurisdiction is then fixed, and nothing the parties can do afterwards will change it.
The proposition then is, did the record in this case, when the appeal was allowed, present a question involving the construction of the constitution of the United States, or of this state. This must be determined by an inspection of the record itself as it came from the St. Louis circuit court.
An examination of the record of proceedings of the «circuit court of the city of St. Louis fails to show that any question involving the construction of the constitution of the United States, or of this state, was raised. This court has no jurisdiction of the appeal. The cause is remanded to the St. Louis court of appeals.