Oxley v. St. Louis, Kansas City & Northern Railway Co.
Supreme Court of Missouri
Appeal from- Montgomery Circuit Court.—IIon. G-. Porter, Judge. cited, in addition to tbe authorities quoted by the court, Leiois v. Great Western B. B. Co., 5 Hurl. & Norm. 865; Express Co. v. Caldwell, 21 Wall. 264. 1. The petition in this case is based on an alleged breach of defendant’s public duty as a common carrier — sounds in tort, for negligence, against which defendant can not contract.
Read the full summary
Appeal from- Montgomery Circuit Court.—IIon. G-. Porter, Judge. cited, in addition to tbe authorities quoted by the court, Leiois v. Great Western B. B. Co., 5 Hurl. & Norm. 865; Express Co. v. Caldwell, 21 Wall. 264. 1. The petition in this case is based on an alleged breach of defendant’s public duty as a common carrier — sounds in tort, for negligence, against which defendant can not contract. Such being the case, the alleged special contract was irrelevant and was properly stricken out of the answer. Levering v. Union Transfer Co. 42 Mo. 88; Union Railway Co. v. Traube, 59 Mo. 355; Clark…
1Opinion of the CourtNorton, J.
It is alleged in plaintiff’s petition that in February, 1875, he delivered to the defendant twenty-one mules and one horse, tó be carried from Wentzville to St. Louis; that by the negligence and carelessness of the defendant, one of said mules escaped -or was stolen from the car while being transported, and was entirely lost to plaintiff. The allegations of the petition were denied in defendant’s answer, and a special contract between the plaintiff and defendant was set up therein by way of defense, containing among others, in substance, the following stipulation: That the plaintiff should go…
2Cases cited6 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Rice v. Kansas Pacific RailwaySupreme Court of Missouri · 1876
- Read v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1875
- Levering v. Union Transportation & InsuranceSupreme Court of Missouri · 1867
- Goggin v. Kansas Pacific Railway Co.Supreme Court of Kansas · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Dunn v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1878
- Halliday v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1881
- Libby v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1909
- Dymock v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1893
- Missouri, Kansas & Texas Railway Co. v. I. FrogleySupreme Court of Kansas · 1907
11 more not listed; retrieve them via the Exa API.