Legal Opinion

Harvey v. Terre Haute & Indianapolis Railroad

Supreme Court of Missouri

Decided October 15, 1881PublishedCited by 37 opinions

Appeal from St. Louis Court of Appeals. A common carrier cannot, by special contract, limit-his liability, so as to excuse himself from the consequences, of his own negligence. Railroad Co. v. Lockwood, 17 Wall. 357; Laing v. Colder, 8 Pa. St. 479 ; Camden, etc., R. R. Co. v. Baldauf, 16 Pa. St. 67; Goldey v. R. R. Co., 30 Pa. St. 242; Powell v. R. R. Co., 32 Pa. St. 414; Pa. R. R. Co. v. Henderson, 51 Pa. St. 315 ; Farnham v. R. R. Co., 55 Pa. St. 53; Empire Transp.

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Appeal from St. Louis Court of Appeals. A common carrier cannot, by special contract, limit-his liability, so as to excuse himself from the consequences, of his own negligence. Railroad Co. v. Lockwood, 17 Wall. 357; Laing v. Colder, 8 Pa. St. 479 ; Camden, etc., R. R. Co. v. Baldauf, 16 Pa. St. 67; Goldey v. R. R. Co., 30 Pa. St. 242; Powell v. R. R. Co., 32 Pa. St. 414; Pa. R. R. Co. v. Henderson, 51 Pa. St. 315 ; Farnham v. R. R. Co., 55 Pa. St. 53; Empire Transp. Co. v. Wamsutta Oil Co., 63 Pa. St... 14; s. e., 3 Am. Rep. 515; Jones v. Voorhees, 10 Ohio St. 145 ; Davidson v. Graham, 2…

1Opinion of the CourtHough, J.

This was an action brought by appellant in the St. Louis circuit court, upon a- special contract for-*542the transportation of a trotting horse from East St. Louis to Philadelphia. This contract was entered into by and 'between the respondent, by one Paeon, its station agent, ■and William T. Dickson, of St. Lonis, and contained an •agreement on the part of respondent to transport a horse 'for said Dickson from East St. Louis to Philadelphia, at •reduced rates; and an agreement on the part of said Dickson that, in consideration of such reduced rates, he would assume certain risks; it further…

2Cited by37 opinions

  1. McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
  2. Railway Co. v. WynnTennessee Supreme Court · 1890
  3. Kellerman v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1896
  4. Alair v. Northern Pacific RailroadSupreme Court of Minnesota · 1893
  5. Atlantic Coast Line Railroad v. CoachmanSupreme Court of Florida · 1910

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