Legal Opinion

Pacific Express Co. v. Foley

Supreme Court of Kansas

Decided January 15, 1891PublishedCited by 18 opinions

Error from, Douglas District Court. On the 4th day of November, 1887, Peter T. Foley brought his action against the Pacific Express Company before a justice of the peace of Douglas county to recover $175, for damages alleged to have been sustained by him in the transportation of a box containing type and electrotype plates from Kansas City, Mo., to Lawrence, in this state, on October 15,1887, from the A. N. Kellogg Newspaper Company, at Kansas City, Mo., by the Pacific…

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Error from, Douglas District Court. On the 4th day of November, 1887, Peter T. Foley brought his action against the Pacific Express Company before a justice of the peace of Douglas county to recover $175, for damages alleged to have been sustained by him in the transportation of a box containing type and electrotype plates from Kansas City, Mo., to Lawrence, in this state, on October 15,1887, from the A. N. Kellogg Newspaper Company, at Kansas City, Mo., by the Pacific Express Company. The following is a copy of the receipt given by the express company for the box in controversy : “ Read this…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

The principal question in this case is, what effect is to be given to the following language of the receipt executed by the express company:

“It is hereby expressly agreed that the said Pacific Express Company is not to be held liable for any loss or damage, except as forwarders only; nor for any loss or damage of any box, package or thing for over $50, unless the just and true value thereof is herein stated.”

It appears that the type and electrotype plates were shipped from Kansas City to Lawrence by the A. N. Kellogg News*460paper Company,…

Also in this document: Concurrence.

2Cases cited36 opinions

  1. Cohens v. VirginiaSupreme Court of the United States · 1821
  2. Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
  3. Railroad Co. v. LockwoodSupreme Court of the United States · 1873
  4. Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
  5. Grace v. AdamsMassachusetts Supreme Judicial Court · 1868

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

3Cited by18 opinions

  1. Shannon v. ShannonMissouri Court of Appeals · 1902
  2. Mitchell v. Union Pacific Railroad Co.District Court, S.D. California · 1960
  3. Smith v. American Express Co.Michigan Supreme Court · 1896
  4. Fish v. . D., L. W.R.R. Co.New York Court of Appeals · 1914
  5. Kennedy v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1919

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

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