Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Heath
Indiana Court of Appeals
Erom tlie Benton Circuit Court.
1Opinion of the CourtRobinsou, J.
— Appellee recovered a judgment for damages for an alleged breach of a live stock contract.
The sufficiency of the complaint is first questioned. It is argued that appellee’s complaint confesses that he did not perform all his part of the contract, and attempts to excuse performance by averring a waiver, but that no waiver is shown.
The live stock contract upon which the complaint is founded contains, among other provisions, the following: “That no claim for damages which may accrue to the said shipper under this contract shall be allowed or paid by the said carrier, or sued for in any court by…
2Cases cited27 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Louisville, New Albany & Chicago Railway Co. v. ThompsonIndiana Supreme Court · 1886
- Oleson v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1896
- Goodwin v. Massachusetts Mutual Life InsuranceNew York Court of Appeals · 1878
- Peters v. BantaIndiana Supreme Court · 1889
22 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- St. Louis S. F. R. Co. v. ZickafooseSupreme Court of Oklahoma · 1913
- St. Louis S. F. R. Co. v. CopelandSupreme Court of Oklahoma · 1909
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. RudyIndiana Supreme Court · 1909
- Parrill v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Court of Appeals · 1900
- Williams v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.Indiana Court of Appeals · 1918
11 more not listed; retrieve them via the Exa API.