Vaughn v. Wabash Railway Co.
Missouri Court of Appeals
Appeal from the Audrain Circuit Court.&emdash;Hon. Elliott M. Hughes, Judge. It is well settled that a carrier can not by any kind of agreement or contract exempt itself from loss caused by reason of its own negligence. McEadden v. Railroad, 92Mo. 342; Killerman v. Railway, 136 Mo. 190; 16 Am. and Eng. R. Cas. 164; 6 Rapalje and Mack’s Digest Ry.
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Appeal from the Audrain Circuit Court.&emdash;Hon. Elliott M. Hughes, Judge. It is well settled that a carrier can not by any kind of agreement or contract exempt itself from loss caused by reason of its own negligence. McEadden v. Railroad, 92Mo. 342; Killerman v. Railway, 136 Mo. 190; 16 Am. and Eng. R. Cas. 164; 6 Rapalje and Mack’s Digest Ry. L., sec. 31, p. 345; Davis v. Railway, 89 Mo. 340. When a carrier claims his common law ability is limited by contract the burden is upon him to show it, and such contracts are most strictly against the carrier. Rosenfield v. Railroad, 21 Am. and…
1Opinion of the CourtBond, J.
This case was here on a former appeal, when it was reversed and remanded (62 Mo. App. 461). Hpon a trial thereafter it was appealed to the supreme court and transferred for want of jurisdiction in that court to this court. See manuscript opinion oq file. The action is by the owner for damages alleged to have been caused by delay in the transportation of sixty-four head of cattle from the point of shipment to Chicago. The answer set up a special contract for carriage, which provided, among other things, that all damages caused by delay should be compensated by the repayment to the shipper of…
2Cases cited8 opinions
- Harvey v. Terre Haute & Indianapolis RailroadSupreme Court of Missouri · 1881
- Kellerman v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1896
- Rutledge v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Bird v. SellersSupreme Court of Missouri · 1894
- Rogan v. Wabash Railway Co.Missouri Court of Appeals · 1892
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3Cited by2 opinions
- Phoenix Powder Manufacturing Co. v. Wabash RailroadMissouri Court of Appeals · 1903
- Parker-Washington Co. v. St. Louis Transit Co.Missouri Court of Appeals · 1912