Legal Opinion

Read v. St. Louis, Kansas City & Northern Railroad

Supreme Court of Missouri

Decided May 15, 1875PublishedCited by 44 opinions

Appeal from Buchanan Circuit (hurt. . I. Where it is shown that a loss by a common carrier was occasioned by a cause from which he is by law or special contract exempted from liability, the burden is cast upon the shipper to establish the negligence of the carrier. In other words, the shipper then holds the affirmative in establishing the liability of the carrier for negligence. (N. J. St. Nav.

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Appeal from Buchanan Circuit (hurt. . I. Where it is shown that a loss by a common carrier was occasioned by a cause from which he is by law or special contract exempted from liability, the burden is cast upon the shipper to establish the negligence of the carrier. In other words, the shipper then holds the affirmative in establishing the liability of the carrier for negligence. (N. J. St. Nav. Co. vs. Merchants’ Bk., 6 How., 382; Railroad Cd. vs. Reeves, 10 Wall., 176; Clark vs. Barnwell, 12 How., 280; Muddle vs. Stride, 9 Carr. & P., 385; Western Tr. Co. vs. Downer, 11 Wall., 129, S. O. 1Ó/…

1Opinion of the Court

Wa&ner, Judge,

delivered the opinion of the court.

Plaintiff alleged in his petition that on the 22d day of March, 1873, he delivered to defendant at St. Joseph, Mo., one thousand bushels of potatoes, to be conveyed to his consignees at St. Louis, with reasonable speed and dispatch ; that defendant, for a compensation paid by plaintiff, undertook *202to deliver the same on the next day in good condition. There was an averment that, disregarding its duty and agreement, defendant negligently failed to carry,, and deliver the potatoes at St. Louis, with speed and diligence, but negligently stopped and…

2Cases cited8 opinions

  1. Railroad Co. v. ReevesSupreme Court of the United States · 1870
  2. Lamb v. Camden & Amboy Railroad & Transportation Co.New York Court of Appeals · 1871
  3. Weed v. . the Panama Railroad CompanyNew York Court of Appeals · 1858
  4. Wolf v. American Express Co.Supreme Court of Missouri · 1869
  5. Levering v. Union Transportation & InsuranceSupreme Court of Missouri · 1867

3 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
  2. Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
  3. Wald v. Pittsburg, Cincinnati, Chicago & St. Louis R. R. Co.Illinois Supreme Court · 1896
  4. Rice v. Kansas Pacific RailwaySupreme Court of Missouri · 1876
  5. Newcomb v. New York Central & Hudson River RailroadSupreme Court of Missouri · 1902

39 more not listed; retrieve them via the Exa API.

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