Popham v. Barnard
Missouri Court of Appeals
Appeal from the Nodaway Circuit Court. — Hon. C. A. Anthony, Judge. (1) Defendant was not liable to plaintiff on account of the freezing of the apples, for the reason that by the terms of the contract defendant exempted himself from liability for damage by freezing, as appears by paragraph second in bill of lading.
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Appeal from the Nodaway Circuit Court. — Hon. C. A. Anthony, Judge. (1) Defendant was not liable to plaintiff on account of the freezing of the apples, for the reason that by the terms of the contract defendant exempted himself from liability for damage by freezing, as appears by paragraph second in bill of lading. (2) Plaintiff offered some proof tending to show that defendant company had a rule concerning the placing of stoves in cars of merchandise, but the rule — if plaintiff had one — was not offered in evidence; hence on that ground there was no liability. Wolf v. Am. Express Co., 43…
1Opinion of the CourtSmith, P. J.
Statement.
The case shortly stated is this: The defendant, at the request of the plaintiff, furnished the latter a car in which to transport two hundred and sixty barrels of apples from Bedison, a station in this state on the line of the former’s railway to St. Paul, in the state of Minnesota. On receipt of the apples by defendant his agent delivered to the plaintiff a bill of lading which contained, amongst others, the following provisions: “Received from Geo. Popham the following packages, marked and numbered as per margin, to be transported by the said Omaha & St. Louis Railway Company, and…
2Cases cited14 opinions
- Read v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1875
- McCann v. EddySupreme Court of Missouri · 1896
- Dimmitt v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1890
- Potts v. Wabash, St. Louis & Pacific Ry. Co.Missouri Court of Appeals · 1885
- Richardson v. Chicago & Alton RailroadMissouri Court of Appeals · 1895
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3Cited by12 opinions
- Brennisen v. Pennsylvania RailroadSupreme Court of Minnesota · 1907
- Holland v. Chicago Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1909
- Freeman & Hinsen v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1906
- Meyers v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1906
- Samuel Hardin Grain Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1906
7 more not listed; retrieve them via the Exa API.