Minter Bros. v. Southern Kansas Railroad
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. John W. ' Henry, Judge. (1) The two courts of appeals of Missouri construed section 598, Revised Statutes, 1879, as a rule of public policy. Heilv. Railroad, 16 Mo. App. 363; Orrv. Railroad, 21 Mo. App. 336; Baker v. Railroad, 34 Mo. App. 112. The supreme court in the Bimmitt case, construed it as a rule of evidence and says it establishes “the English rule” in this state.
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Appeal from the Jackson Circuit Court. — Hon. John W. ' Henry, Judge. (1) The two courts of appeals of Missouri construed section 598, Revised Statutes, 1879, as a rule of public policy. Heilv. Railroad, 16 Mo. App. 363; Orrv. Railroad, 21 Mo. App. 336; Baker v. Railroad, 34 Mo. App. 112. The supreme court in the Bimmitt case, construed it as a rule of evidence and says it establishes “the English rule” in this state. Bimmitt v. Railroad, 103 Mo. 433; Nines v. Railroad, 107 Mo. 478; Lawson’s Contract of Carriers, 239. (2) Though the carrier may limit its liability, by special contract, to its…
1Opinion of the CourtSmith, P. J.
— The defendant is a railroad corporation in this state whose line extends from Kansas. City, in this state, to G-irard, in the state of Kansas, at which latter place it connects with the St. Louis. & San Francisco railroad, which, with the Louisville, New Orleans & Texas railway and perhaps other intermediate roads, are so related and connected as. to form a continuous line of common carriers from Kansas City to New Orleans, in the state of Louisiana.
On the twenty-fourth day of August, 1886, at. Kansas City, the plaintiffs delivered to defendant one car load of seed oats, to be carried to…
2Cases cited13 opinions
- Dimmitt v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1890
- Grover & Baker Sewing Machine Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1879
- Baker v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1886
- Crouch v. Louisville & Nashville RailroadMissouri Court of Appeals · 1890
- Nines v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1891
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hertel Electric Company v. GabrielMissouri Court of Appeals · 1956
- State Ex Rel. Chaney v. GrinsteadSupreme Court of Missouri · 1926
- McMillan & Parker v. Ball & Gunning Milling Co.Missouri Court of Appeals · 1915
- Nenno v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1904
- Faulkner v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1903
1 more not listed; retrieve them via the Exa API.