Duvenick v. Missouri Pacific Railroad
Missouri Court of Appeals
Appeal from the Moniteau Circuit Court. — Hon. D. W. Shackleford, Judge. (1)' The court erred in refusing to allow the defendant to prove by the witnesses Higbee and Bay, that there was in force at that time a regular tariff rate for the transportation of car loads of horses between California and St. Louis, when the owner placed a higher value on his horses than $100, and refused to release their value over that sum, or refused to enter into a special contract limiting the…
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Appeal from the Moniteau Circuit Court. — Hon. D. W. Shackleford, Judge. (1)' The court erred in refusing to allow the defendant to prove by the witnesses Higbee and Bay, that there was in force at that time a regular tariff rate for the transportation of car loads of horses between California and St. Louis, when the owner placed a higher value on his horses than $100, and refused to release their value over that sum, or refused to enter into a special contract limiting the defendant’s liability, which tariff rate was higher than the rate charged plaintiff and other shippers who signed such…
1Opinion of the CourtEllison, J.
On trial of this cause plaintiff recovered damages from defendant for negligent transportation of a car load of horses from California, Missouri, to St. Louis. The negligence complained of, as narrowed down by the instructions, consisted in a refusal to water and feed the horses or to permit plaintiff to water and feed them.
The stock was shipped under a special contract which recited that the rate therein agreed upon was a reduced rate and that in consideration thereof the shipper released defendant from much of the obligation it would otherwise have been under without the contract. The delay…
2Cases cited2 opinions
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Harvey v. Terre Haute & Indianapolis RailroadSupreme Court of Missouri · 1881
3Cited by17 opinions
- Kellerman v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1896
- Wyrick v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1898
- Mires v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908
- Kolkmeyer v. Chicago & Alton RailroadMissouri Court of Appeals · 1915
- Paddock v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1895
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