Richardson v. Chicago & Alton Railroad
Supreme Court of Missouri
Appeal from Randolph Circuit Court. — Hon. John A. Hockaday, Judge. (1) J. B. Martin had general authority to ship the jack from Armstrong to Moberly, and was therefore empowered to make the contract of shipment read in evidence. Nelson v. Railroad, 48 N. Y. 499; New York v. Railroad, 3 Wall. 107; Lawson on Carriers, secs. 223-225; Railroad v. Morrison, 19 111. 130; Owen v. Brockschmidt, 54 Mo. 290. (2) Tho contract covers the animal shipped.
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Appeal from Randolph Circuit Court. — Hon. John A. Hockaday, Judge. (1) J. B. Martin had general authority to ship the jack from Armstrong to Moberly, and was therefore empowered to make the contract of shipment read in evidence. Nelson v. Railroad, 48 N. Y. 499; New York v. Railroad, 3 Wall. 107; Lawson on Carriers, secs. 223-225; Railroad v. Morrison, 19 111. 130; Owen v. Brockschmidt, 54 Mo. 290. (2) Tho contract covers the animal shipped. In addition to the printed parts, it has written on the face of it, “valuation, $100.” The word in the eighth clause is, “.horse.” An “ass” is a horse…
1Opinion of the CourtRobinson, J.
Plaintiff recovered judgment against defendant for $1,000 as damages for negligently killing a jack belonging to plaintiff while said jack was being transported on defendant’s railroad; and defendant appealed.
This action was originally brought in the circuit court of Howard county, from which court it was transferred on change of venue to the circuit court of Randolph county. At the September term, 1894, of said court, judgment was rendered for plaintiff in the sum of $100. Whereupon plaintiff appealed to the Kansas City Court of Appeals, where the' judgment was reversed and the cause…
2Cases cited5 opinions
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Kellerman v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1896
- Brown v. Wabash, St. Louis & Pacific R'y. Co.Missouri Court of Appeals · 1885
- Dawson v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Richardson v. Chicago & Alton RailroadMissouri Court of Appeals · 1895
3Cited by16 opinions
- McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
- Cobble v. Royal Neighbors of AmericaSupreme Court of Missouri · 1921
- Lumbermen's Mutual Casualty Company, a Corporation v. Norris Grain Company, a Tennessee Corporation, and Norris Grain Company, an Illinois CorporationCourt of Appeals for the Eighth Circuit · 1965
- Asel v. Order of United Commercial Travelers of AmericaSupreme Court of Missouri · 1946
- Order of United Commercial Travelers of America v. MeinsenCourt of Appeals for the Eighth Circuit · 1942
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