Aull v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Lafayette . Circuit Court. — Eon. Samuel A. Davis, Judge. (1) A stipulation contained in a contract of affreightment voluntarily entered into between the parties, requiring the shipper to give a written notice of loss as a condition precedent to the enforcement of a cause of action will be upheld by the courts without any consideration to support the same. Crow v. Railroad, 57 Mo. App. 135; Freeman and Hinsen v. Railroad, 118 Mo.
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Appeal from Lafayette . Circuit Court. — Eon. Samuel A. Davis, Judge. (1) A stipulation contained in a contract of affreightment voluntarily entered into between the parties, requiring the shipper to give a written notice of loss as a condition precedent to the enforcement of a cause of action will be upheld by the courts without any consideration to support the same. Crow v. Railroad, 57 Mo. App. 135; Freeman and Hinsen v. Railroad, 118 Mo. App. 526. (2) Where such a contract of affreightment provides that notice should be served on some general officer, or to the nearest station agent of…
1Opinion of the CourtBroaddus, P. J.
The plaintiff’s petition contains six different causes of action, • separately stated, for the alleged delay of defendant as a common carrier in the shipment of cattle and hogs from Lafayette county, Missouri, to Kansas City and Chicago. A brief statement of the case made by the defendant is as follows :
“1. The first count of respondent’s petition alleg*294ed that on the 16th day of March, 1906, he made demand of the. appellant for cars to transport ninety-three fat hogs from Lafayette county, Missouri, to the National Stock Yards in the State of Illinois, and that appellant refused to furnish…
2Cases cited5 opinions
- D. Klass Commission Co. v. Wabash RailroadMissouri Court of Appeals · 1899
- Ledbetter v. LedbetterSupreme Court of Missouri · 1885
- Price v. Morning Star Mining Co.Missouri Court of Appeals · 1900
- Atterbury v. HendricksMissouri Court of Appeals · 1907
- Bank of Monett v. StoneMissouri Court of Appeals · 1902
3Cited by7 opinions
- Morrow v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1909
- Spitcaufsky v. State Highway CommissionSupreme Court of Missouri · 1941
- McElvain v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Bailey v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1914
- Grafer v. Marko Beer & Beverages, Inc.Appellate Division of the Supreme Court of the State of New York · 1971
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