Sims v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Cooper Circuit Court.—Hon. J. G. Slate, Judge. (1) Plaintiff, for a valuable consideration, agreed to give notice within one day after the stock reached destination, of any claim he might have. This notice could have been given as readily within one day as within two days. This stipulation is valid and binding. McKinstrey v. Railroad, 153 Mo. App. 552; MeElvain v. Railroad, 151 Mo. App'. 141; Moore v. Eailroad, 143 Mo. App. 675; Shelton v. Eailroad, 131 Mo.
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Appeal from Cooper Circuit Court.—Hon. J. G. Slate, Judge. (1) Plaintiff, for a valuable consideration, agreed to give notice within one day after the stock reached destination, of any claim he might have. This notice could have been given as readily within one day as within two days. This stipulation is valid and binding. McKinstrey v. Railroad, 153 Mo. App. 552; MeElvain v. Railroad, 151 Mo. App'. 141; Moore v. Eailroad, 143 Mo. App. 675; Shelton v. Eailroad, 131 Mo. App. 560; Freeman v. Eailroad, 118 Mo. App. 526; Merewether v. Eailroad, 128 Mo. App. 291; Eailroad v. Harriman, 227 U. S.…
1Opinion of the CourtJohnson, J.
On July 4, 1911, defendant, a common carrier, received seventy-eight fat hogs from plaintiff for transportation from Blackwater, Mo., to the National Stockyards at East St. Louis, 111. The shipment left Blackwater in the afternoon and had the *20transportation been accomplished in the usual time, would have arrived at the stockyards early the next morning in time for the market of that day but it did not arrive until eleven o’clock. Eight of the hogs were dead and the remainder could-not be put on the market until the following day. Plaintiff alleged in his petition that the damages he sustained…
2Cases cited13 opinions
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
- Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
- Riddlesbarger v. Hartford InsuranceSupreme Court of the United States · 1869
- Northern Pacific Railway Co. v. Washington Ex Rel. AtkinsonSupreme Court of the United States · 1912
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3Cited by4 opinions
- Hunt v. St. Louis Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1915
- Hawkins v. Saint Louis & San Francisco RailroadMissouri Court of Appeals · 1915
- Mason v. Maine Central RailroadSupreme Judicial Court of Maine · 1920
- Sloop v. DelanoMissouri Court of Appeals · 1914