Blankenship v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Hon. J. G. Sheppard, Judge. (1) The law fixes the maximum rate defendant was allowed to charge for the shipment in question at carrier’s risk, this being an intra-state shipment and the contract shows on its face that defendant charged all that it was allowed under the law to charge for the shipment without any limitations on its «common-law liability. It could not, therefore, call the same a lower or a reduced rate.
Read the full summary
Appeal from Butler Circuit Court. — Hon. J. G. Sheppard, Judge. (1) The law fixes the maximum rate defendant was allowed to charge for the shipment in question at carrier’s risk, this being an intra-state shipment and the contract shows on its face that defendant charged all that it was allowed under the law to charge for the shipment without any limitations on its «common-law liability. It could not, therefore, call the same a lower or a reduced rate. Paddock v. Railway, 155 Mo. 524. (2) The law has delegated to the hoard of railroad and warehouse commissioners of this state authority to fix…
1Opinion of the Court
GRAY, J. —
This suit was instituted to recover the value of two horses that were killed while being shipped from St. Louis to Matthews, in this state. The horses were delivered to the company at Broadway station, St. Louis, and for their shipment an ordinary box car was used, and in order to allow proper ventilation, one of the doors was left open and three strips of flooring were nailed across the open space to- prevent the horses from falling out of the car. The plaintiff offered testimony tending to prove that he called for a grain door, but was told by the agents of the defendant that none…
2Cases cited17 opinions
- St. Louis & San Francisco Railroad v. GormanSupreme Court of Kansas · 1909
- Missouri, Kansas & Texas Railway Co. v. CarterCourt of Appeals of Texas · 1895
- Paddock v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1900
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HollowellIndiana Supreme Court · 1909
- Parker v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1903
12 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Donovan v. Wells, Fargo & Co.Supreme Court of Missouri · 1915