Rice v. Kansas Pacific Railway
Supreme Court of Missouri
Error to Jackson County Circuit Court. I. Tbe rule is well settled that a common carrier cannot stipulate for exemption from responsibility for the negligence of himself or servants. Such contracts are void. (Railroad Co. vs. Lockwood, 17 Wal. 357 ; Levering vs. Union Trans. & Ins. Co., 42 Mo. 89 ; Wolf vs. Adam’s Ex. Co., 43 Mo. 421; Ketehumvs. Am. Ex. Co., 52 Mo. 39Ó; Read vs. St, L., K. C. & N. Mo. R. R., 60 Mo. 199.) II.
Read the full summary
Error to Jackson County Circuit Court. I. Tbe rule is well settled that a common carrier cannot stipulate for exemption from responsibility for the negligence of himself or servants. Such contracts are void. (Railroad Co. vs. Lockwood, 17 Wal. 357 ; Levering vs. Union Trans. & Ins. Co., 42 Mo. 89 ; Wolf vs. Adam’s Ex. Co., 43 Mo. 421; Ketehumvs. Am. Ex. Co., 52 Mo. 39Ó; Read vs. St, L., K. C. & N. Mo. R. R., 60 Mo. 199.) II. The provision in the contract, to-wit; “No claims for loss or damage on live stock will be allowed, unless the same is made in writing before or at the time the stock is…
1Opinion of the CourtNorton, Judge
This was a suit brought in the circuit court of Jackson county, for the recovery of damages to plaintiff’s cattle, alleged to have been occasioned by the negligence of defendant, in its shipment of them, as a common carrier.
The petition states, in substance, that defendant received of plaintiff, for transportation, two hundred and fifty head of cattle, under a contract in which was the following stipulation: “No claim for loss or damage on live stock will be allowed unless the same is made in writing, before or at the time the stock is unloaded.” It states that the. cars, by neglect of…
2Cases cited5 opinions
- Express Co. v. CaldwellSupreme Court of the United States · 1875
- Read v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1875
- Goggin v. Kansas Pacific Railway Co.Supreme Court of Kansas · 1874
- Russell & Co. v. State Ins.Supreme Court of Missouri · 1874
- Ketchum v. American Merchants Union Express Co.Supreme Court of Missouri · 1873
3Cited by47 opinions
- G., C. & S. F. R'y Co. v. McGownTexas Supreme Court · 1886
- The WestminsterCourt of Appeals for the Third Circuit · 1904
- St. Louis, Kansas City & Northern Railway Co. v. ClearySupreme Court of Missouri · 1883
- Kellerman v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1896
- Carroll v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
42 more not listed; retrieve them via the Exa API.