Patterson v. Kansas City, Fort Scott & Memphis Railway Co.
Missouri Court of Appeals
Appeal from the Howell Circuit Court. — Hon. W. N. Evans, Judge. The bill of lading in this case was illegible, and so printed that its special provisions were an imposition and fraud. When the condition in the receipt is fair and legible, it will not avail the plaintiff to show that he did not read or see it. In such case the law presumes that he knew its contents.
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Appeal from the Howell Circuit Court. — Hon. W. N. Evans, Judge. The bill of lading in this case was illegible, and so printed that its special provisions were an imposition and fraud. When the condition in the receipt is fair and legible, it will not avail the plaintiff to show that he did not read or see it. In such case the law presumes that he knew its contents. But in the case at bar the only way the contract could avail defendant would be by alleging and proving that plaintiff read and knew the conditions when he received the bill of lading. Snyder v. Express Co., 63 Mo.; 376;…
1Opinion of the CourtBond, J.
— This is the second appeal in this case. On the former hearing in this court, the case was reversed and remanded for error in the declarations of *659law given by the trial judge to whom the ease was submitted for decision without the intervention of a jury. 47 Mo. App. 570. Upon a retrial there was a judgment in favor of the defendant, from which the plaintiff has prosecuted this appeal.
The petition was for breach of duty, on the part of defendant, to transport and deliver certain household goods from "Willow Springs, Missouri, to Hico, Texas. The answer of the defendant admitted the reception…
2Cases cited5 opinions
- St. Louis, Kansas City & Northern Railway Co. v. ClearySupreme Court of Missouri · 1883
- O'Bryan v. KinneySupreme Court of Missouri · 1881
- Snider v. Adams Express Co.Supreme Court of Missouri · 1876
- Nines v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1891
- Patterson v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1892
3Cited by6 opinions
- St. Louis S. F. R. Co. v. LaddSupreme Court of Oklahoma · 1912
- Wyrick v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1898
- Chicago, R. I. &. P. Ry. Co. v. CraigSupreme Court of Oklahoma · 1916
- Nenno v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1904
- Eckles v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1897
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