McNichol v. Pacific Express Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Adams, J. A clause in a receipt given by a common carrier for goods, exempting the common carrier from loss or damage* unless the claim therefor be made in writing within a certain specified time, is not in the nature of a condition precedent-to the right to recovery, which must be shown affirmatively to have been complied with before the action can be maintained. — Westcott v. Fargo, 61 N. Y. 551; Place v. Union Express Co., 2 Hilt.…
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Appeal from the St. Louis Circuit Court, Adams, J. A clause in a receipt given by a common carrier for goods, exempting the common carrier from loss or damage* unless the claim therefor be made in writing within a certain specified time, is not in the nature of a condition precedent-to the right to recovery, which must be shown affirmatively to have been complied with before the action can be maintained. — Westcott v. Fargo, 61 N. Y. 551; Place v. Union Express Co., 2 Hilt. 19. These authorities are in accordance with the long line of established authorities, and the authority of the courts…
1Opinion of the CourtThompson, J.
This action was originally brought before a justice of the peace. The plaintiff’s statement of his cause1 of action was as follows : —
“ Plaintiff (James McNichol) states that defendant (the *403Pacific Express Company) is a corporation, duly created and existing by law, and a carrier of freight for hire between St. Louis, Missouri, and Denver, Colorado. Plaintiff states that on or about the 26th of June, 1880, he delivered to defendant'for carriage, and it undertook to carry for hire to Denver, Colorado, two pairs of pantaloons and coat and one vest, of the value of seventy-five ($75) dollars,…
2Cases cited4 opinions
- Wilson v. Board of EducationSupreme Court of Missouri · 1876
- Primm v. HarenSupreme Court of Missouri · 1858
- Edwards v. SmithSupreme Court of Missouri · 1876
- Fagin v. ConnolySupreme Court of Missouri · 1857
3Cited by5 opinions
- Libby v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1909
- Danciger v. WellsU.S. Circuit Court for the District of Western Missouri · 1907
- Nuside Metal Products, Inc. v. Eazor Express, Inc.Superior Court of Pennsylvania · 1959
- Adams Express Co. v. CommonwealthCourt of Appeals of Kentucky · 1906
- Brown v. St. Louis & San Francisco Railway Co.Missouri Court of Appeals · 1909