Chicago, R. I. & P. Ry. Co. v. Conway
Supreme Court of Oklahoma
Error from District Court, Noble County; W. M. Bozvles, Judge. Action by Mike R. Conway against the Chicago, Rock Island & Pacific Railway Company to recover damages sustained from delay in the shipment of live stock from Billings, Okla., to° Kansas City, Mo., prior to statehood. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
Opinion by
AMES, C.
At the trial there was evidence tending to show an unreasonable delay in the shipment of these cattle and a shrinkage in weight and value, caused thereby. The only points necessary to a decision are whether or not written notice, as required by the bill of lading, was necessary, and, if so, upon whom rested the burden of proof. The seventh paragraph of the bill of lading contains the following provision:
“That, as a condition precedent to claiming or recovering damages for any loss or injury to or detention of live stock, or delay in transportation thereof, covered by this…
2Cases cited13 opinions
- Taylor v. Insurance Co. of North AmericaSupreme Court of Oklahoma · 1909
- Patterson v. Missouri, K. & T. Ry. Co.Supreme Court of Oklahoma · 1909
- St. Louis & San Francisco R. R. v. PhillipsSupreme Court of Oklahoma · 1906
- Missouri, K. & T. Ry. Co. v. DavisSupreme Court of Oklahoma · 1909
- Gray v. Reliable Ins. Co.Supreme Court of Oklahoma · 1910
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- St. Louis S. F. R. Co. v. BilbySupreme Court of Oklahoma · 1913
- Smith v. Government Employees Insurance Co.Supreme Court of Oklahoma · 1976
- Missouri, K. & T. R. Co. v. LynnSupreme Court of Oklahoma · 1916
- St. Louis S. F. R. Co. v. PickensSupreme Court of Oklahoma · 1915
- Western Union Telegraph Co. v. SightsSupreme Court of Oklahoma · 1912
4 more not listed; retrieve them via the Exa API.