Griffith v. Atchison, Topeka & Santa Fe Railway Co.
Missouri Court of Appeals
Appeal from Carroll Circuit Court. — Hon. John P. Butler, Judge. (1) The ticket sold to the plaintiff was not a contract for through transportation, but was the separate contract of each line of railway over which its coupons provided for transportation, and, therefore, the defendant is not liable for the loss of baggage by a connecting line, inasmuch as the contract signed by the plaintiff expressly provided that the defendant should not be so liable. 3 Am. and Eng.
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Appeal from Carroll Circuit Court. — Hon. John P. Butler, Judge. (1) The ticket sold to the plaintiff was not a contract for through transportation, but was the separate contract of each line of railway over which its coupons provided for transportation, and, therefore, the defendant is not liable for the loss of baggage by a connecting line, inasmuch as the contract signed by the plaintiff expressly provided that the defendant should not be so liable. 3 Am. and Eng. Ency. of L. (2 Ed.), 580; Hutchinson, Carriers, sec. 578; 4 Elliott, Railroads, sec. 1596; Railway v. McCann, 174 U. S. 580;…
1Opinion of the CourtJohnson, J.
This action was brought before a justice of the peace to recover damages for the loss of baggage checked by plaintiff for carriage from Carroll-ton, Missouri, to Hydro, Oklahoma, The case was appealed to the circuit court, where plaintiff had judgment in the sum of forty dollars. Defendant appealed!
Plaintiff testified as follows: “On May 6, 1902, I purchased from defendant at Carrollton, Missouri, two round-trip tickets to Weatherford, Oklahoma. These tickets were made out over the defendant railroad to Oklahoma City and from thence to Weatherford over the Ghootam, Oklahoma & Gulf railroad.…
2Cases cited15 opinions
- Missouri, Kansas & Texas Railway Co. v. McCannSupreme Court of the United States · 1899
- Marshall & Michel Grain Co. v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1903
- McCann v. EddySupreme Court of Missouri · 1896
- Western Sash & Door Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1903
- Boling v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1905
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3Cited by1 opinion
- State v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1916