133 Mo. App. 310 | Mo. Ct. App. | 1908
This cause urns reviewed by us before on questions different from those now presented. A report of the former decision will be found in 120 Mo. App. 652; but it will help the reader to restate the principal facts. The action counts on the common law liability of a carrier and was brought to recover for damage. done to appellant’s household furniture while in transit from Jackson, Mississippi, to East St. Louis, Illinois, over three railroad companies; the respondent, the Illinois Central Company, The Southern Railroad Company and the Mobile & Ohio Railroad Company. The goods were received by respondent company at Jackson, and loaded in one end of a freight car which contained in the other end twenty barrels of flour. The car doors were sealed and the car. carried by respondent to Winona, Mississippi, where it was turned over to the Southern Company, which carried it to West Point, Mississippi, and there after considerable delay, turned it over to the Mobile & Ohio Company. The delay at West Point was due to the refusal of the agent of the Mobile & Ohio Company to receive the car, on account of the damaged condition of the goods, until an arrangement was made by which the Southern Company delivered the property to the Mobile & Ohio as in bad order. Because the goods Avere damaged before delivery to the Mobile & Ohio Company, the action, which was originally against the three raihvay companies, was dismissed as to it. On the second trial a verdict was returned in favor of respondent, and appellant brought the case here, complaining of instructions given by the court. It Avill be observed the carriage of the goods was entirely outside this State and hence was not affected by our statutes providing that Avhen shipments begin in this State the initial earner shall be liable for damage occurring anywhere on the route.. [R. S. 1899, sec. 5222; Crouch v. Railroad, 42 Mo. App. 248.] The case was tried by both parties on the assumption that either de
The instruction that respondent Avas not liable for any damage to the furniture Avhich occurred Avhile it AAras stored in respondent’s warehouse prior to shipment, AVas outside the issues made by the pleadings, but would not constitute reversible error.
The judgment is reversed and the cause remanded.