Samuel Blatchford

“ The law is that a common carrier, like the defendant, must pay the market value, at the point of destination, of all property intrusted to it for transportation, which, through its fault, is lost or destroyed, and is not delivered. ”

“ The court said that it was not apprised of any statutory provision which allowed a jury to give interest for such damages; that there was no such provision in the statute concerning interest; and that section 7 of the act concerning damages, which allowed interest in cases of the unlawful conversion of property by the party sued, would not, in terms or by analogous reasoning, embrace a case where no benefit could possibly have accrued to the defendant by the negligence which occasioned the destruction of the property. ”

“ But we are of the opinion that under the statutes of Missouri the circuit court of Saline county had jurisdiction of the present suits, although the agent and business office of the defendant were in St. Louis, and not in Saline county; that the service in St. Louis of the summons issued by the circuit court of Saline county was valid; and that the defendant was within the provisions of the Missouri statute which made nonresidents suable in any county of the state. ”

“ The judgment in the Estill case is affirmed as to the $8,750 damages; but it is not affirmed as to the amount of interest, or any part thereof, awarded by the verdict or judgment. That judgment is modified as to such interest, and the case is remanded to the court below, with a direction to enter a judgment for the plaintiffs for $8,750, being the damages assessed by the jury, with interest on such judgment from the time it shall be entered until it shall be paid, and for the costs and charges of the plaintiffs in the circuit court. ”

“ When you have assessed the damages in each case, you may compute interest on the damages in each case at six (6) per cent. per annum from the time suit was brought-on November 21st, 1883, in the Estill case, and November 27, 1883, in the Leonard case-to this date. I will further direct you to state in your verdict the amount of interest which you award in each case. ”

“ What I have said about the assessment of damages in the case of Leonard Bros. applies equally well in the case of Estill and elliott. This difference is to be noted in the two cases, however: None of the Estill and Elliott cattle appear to have been killd in the collision, or to have subsequently died from injuries claimed to hae been received in the collision. You will have no claim of that kind to consider in the Estill and Elliott case. ”

“ In the case cited the court held that the effect of the enactment, in 1879, of the fourth subdivision of section 3489 was to make all foreign corporations having an office and doing business in Missouri, or an agent or employe there, suable in precisely the same manner as any other defendant, by the delivery of a copy of the writ and petition, and that it must be presumed that the legislature intended that the ordinary consequences should attend such service. See, also, Insurance Co. v. French, 18 How. 404; Railroad Co. ”

“ It merely requires them to appoint an agent upon whom service may be made, and leaves the place of instituting suits to be determined by the general law, and regulates only the manner of service. Hence it was necessary, in the case of Stone v. ”