Hancock v. Chicago & Alton Railway Co.
Missouri Court of Appeals
Appeal from Saline Circuit Court. — Eon. Samuel Davis, Judge. (1) The trial court erred in overruling defendant’s demurrer at the end of plaintiff’s evidence, and defendant’s peremptory instruction at the end of all the evidence, for the reason that in the contract of shipment in this case it was agreed that should any loss or damage of any kind occur to the property in question,( the shipper would give notice in writing of his claim therefor to the first party.
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Appeal from Saline Circuit Court. — Eon. Samuel Davis, Judge. (1) The trial court erred in overruling defendant’s demurrer at the end of plaintiff’s evidence, and defendant’s peremptory instruction at the end of all the evidence, for the reason that in the contract of shipment in this case it was agreed that should any loss or damage of any kind occur to the property in question,( the shipper would give notice in writing of his claim therefor to the first party. (2) Plaintiff gave no notice to the railway company of any claim for damages as provided in said contract. (3) It has been…
1Opinion of the CourtEllison, J.
This action is for damages alleged to have resulted to plaintiff from injury to a valuable horse through the negligence of defendant in trans*404porting him. There was evidence tending to show the horse to have been injured through the negligence of the defendant’s servants and he recovered a judgment for three hundred and fifty dollars. The shipment was by written agreement wherein it was provided that in case of loss to plaintiff he should give written notice to defendant within five days. There were also provisions therein relating to the value of the horse not exceeding one hundred dollars.…
2Cases cited8 opinions
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Kellerman v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1896
- Ward v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1900
- Duvenick v. Missouri Pacific RailroadMissouri Court of Appeals · 1894
- Richardson v. Chicago & Alton RailroadSupreme Court of Missouri · 1899
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3Cited by4 opinions
- Burns v. Chicago, Rock Island & Pacific RailroadMissouri Court of Appeals · 1910
- Schade v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1920
- Van Buskirk v. Quincy, Omaha & Kansas City Railway Co.Missouri Court of Appeals · 1910
- Wilcox v. Chicago Great Western Railway Co.Missouri Court of Appeals · 1909