Donovan v. Wells, Fargo & Co.
Supreme Court of Missouri
Appeal from Buelianan Circuit Court. — Hon. W. K. Amide, Judge. (1) The shipment in question was interstate. It was therefore controlled by the Interstate Commerce Act and its amendments.
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Appeal from Buelianan Circuit Court. — Hon. W. K. Amide, Judge. (1) The shipment in question was interstate. It was therefore controlled by the Interstate Commerce Act and its amendments. Under section 20' of the Carmack Amendment to said act, as construed by the Supreme Court of the United States, the plaintiff in this case could not recover more than the declared value on which the shipping rate was based as snown by defendant’s filed and published tariffs and as provided in the shipping contract. The court erred in permitting the recovery of the full value notwithstanding these tariffs and…
1Opinion of the CourtFaris, J.
This is an action brought in the circuit court of Buchanan county for the negligent kill*294ing of a horse of plaintiff by defendant, while defendant was engaged as a carrier in transporting said horse from Boston, Massachusetts, to St. Joseph, Missouri.
As a foreword we may say that respondent, pending this appeal here, died and this cause has been properly revived in the names of John D. Richardson and J. Gr. Schneider as administrators of the estate ■of respondent, deceased. With this fact kept in mind we see no valid reason for disturbing the style of' this ■case and will refer to the…
2Cases cited43 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
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3Cited by8 opinions
- Blackmer & Post Pipe Co. v. Mobile & Ohio RailroadMissouri Court of Appeals · 1916
- Foster Lumber Co. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1917
- Train v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1923
- Ward v. Western Union Telegraph Co.Missouri Court of Appeals · 1929
- Ward v. Western Union Telegraph Co.Missouri Court of Appeals · 1932
3 more not listed; retrieve them via the Exa API.