Otis Co. v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The bill of lading being a through bill from 'Texas to Massachusetts the Texas statute did not apply. 'The defendant could lawfully restrict its liability as provided in the -bill of lading. Ryan v. Railroad, 65 Tex. 13; Railroad v. Adams, 78 Tex. 372; Railroad v. Shenoood, 19 S. W. Eep. (Tex.) 455. The same rule prevails in Massachusetts, the destination of the .shipment.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The bill of lading being a through bill from 'Texas to Massachusetts the Texas statute did not apply. 'The defendant could lawfully restrict its liability as provided in the -bill of lading. Ryan v. Railroad, 65 Tex. 13; Railroad v. Adams, 78 Tex. 372; Railroad v. Shenoood, 19 S. W. Eep. (Tex.) 455. The same rule prevails in Massachusetts, the destination of the .shipment. School District v. Railroad, 100 Mass. 505. And also in Missouri. Ball v. Railroad, 83 Mo. 574. 'There was, therefore, error in refusing defendant’s…
1Opinion of the CourtBlack, J.
Plaintiff, a corporation organized under the laws of the state of Massachusetts, brought this suit to recover damages for the loss of certain cotton delivered to defendant for shipment. It is alleged that the cotton was lost by the carelessness of defendant.
The answer sets up a clause in the bill of lading exempting defendant from liability in case of loss or damage by fire, and avers that the cotton was destroyed from such cause without fault or negligence on the part of the defendant.
*626The reply pleads a statute of the state of Texas, making void, so the plaintiff insists, the exempting…
2Cases cited6 opinions
- Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
- Missouri Pacific Railway Co. v. Sherwood, Thompson & Co.Texas Supreme Court · 1892
- Fitch v. Pacific RailroadSupreme Court of Missouri · 1870
- Kenney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Redmond v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- Fritz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1912
- Illinois Fuel Co. v. Mobile & Ohio RailroadSupreme Court of Missouri · 1928
- Bushnell v. Wabash RailroadMissouri Court of Appeals · 1906
- Anderson v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1902
15 more not listed; retrieve them via the Exa API.