Smith v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Mercer Circuit Court. — Eon. P. O. Stepp, Judge. (1) The validity of the contract, it being made by reason of the reduced rate given plaintiff, 'of which' there is no controversy or question, must be conceded. Rogan v. Railroad, 51 Mo. App. 665; Wyrick v. Railroad, 74 Mo. App. 406; Bowring v. Railroad, 90 MO'. App. 324; McFadden v. Railroad, 92 Mo. 343; Stock Co. v. Railroad, 100 Mo.
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Appeal from Mercer Circuit Court. — Eon. P. O. Stepp, Judge. (1) The validity of the contract, it being made by reason of the reduced rate given plaintiff, 'of which' there is no controversy or question, must be conceded. Rogan v. Railroad, 51 Mo. App. 665; Wyrick v. Railroad, 74 Mo. App. 406; Bowring v. Railroad, 90 MO'. App. 324; McFadden v. Railroad, 92 Mo. 343; Stock Co. v. Railroad, 100 Mo. App. 688-9. (2) This cause having originated before a justice of the peace, where no pleadings are required, and the plaintiff while a witness having identified the contract, and the same having been…
1Opinion of the CourtBroaddus, P. J.
Plaintiff shipped over defendant’s road on the 4th of August, 1903, a carload of hogs from Millgrove, Missouri, to Kansas City, Missouri. They were loaded at 8 o’clock p. m. and arrived at their destination at about 8 o’clock a. m. of the next day, but were not moved to the stock yards until 1 o’clock p. m. of the same day. • The hogs were shipped under a special contract in which it was agreed that the rate of shipment was less than the usual rate. ' It was set out in this contract : “The live stock covered by this contract is not to be transferred within any specified time nor delivered *613at…
2Cases cited8 opinions
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Rogan v. Wabash Railway Co.Missouri Court of Appeals · 1892
- D. Klass Commission Co. v. Wabash RailroadMissouri Court of Appeals · 1899
- Leonard v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1893
- Wyrick v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Wright v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1906
- Shelton v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908
- Freeman & Hinsen v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1906
- Atchison Co. v. BaldwinSupreme Court of Colorado · 1911
- Bellows v. Wabash RailroadMissouri Court of Appeals · 1906
5 more not listed; retrieve them via the Exa API.