Legal Opinion

Dawson v. St. Louis, Kansas City & Northern Railway Co.

Supreme Court of Missouri

Decided October 15, 1882PublishedCited by 20 opinions

Appeal from Audrain Circuit Court. — Hon. G. Porter, Judge. Contracts like the one in question are both wise and lawful, and when made should be upheld and enforced.

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Appeal from Audrain Circuit Court. — Hon. G. Porter, Judge. Contracts like the one in question are both wise and lawful, and when made should be upheld and enforced. Mice v. B’y Co., 63 Mo. 314; Clark v. B’y Co., 64 Mo. 440; Sturgeon v. B’y Co., 65 Mo. 569 ; Oxley v. B’y Co., 65 Mo. 629 ; Harvey v. B. B. Co., 74 Mo. 538; Pleas v. St. L., K. C. <¡p N. B’y Co., (not yet reported); Angelí on Carriers, (2 Ed.) § 54, p. 56; Hutchinson on Carriers, § 237, p. 189 ; Story on Bailments, (9 Ed.) § 549, p. 527; Schouler on Bailments, (1 Ed.) p. 463 ; Bankard v. B. B. Co., 84 Md. 197; s. c., 6 Am. Rep.…

1Opinion of the CourtNorton, J.

This suit was instituted in the circuit court of Audrain county, to recover damages alleged to have been sustained by plaintiff' by reason of the negligence of defendant in transporting cattle from Centraba to St. Louis, which had been committed to defendant as a common carrier for transportation. The answer of defendant, after denying negligence, set up that the cattle were shipped under a special contract, which, among other things, provided that plaintiff was to take care of said cattle while being transported, and was to load and unload the same at his own risk and expense * * and that “…

2Cases cited1 opinion

  1. Rice v. Kansas Pacific RailwaySupreme Court of Missouri · 1876

3Cited by20 opinions

  1. Grieve v. Illinois Central Railway Co.Supreme Court of Iowa · 1898
  2. Brown v. Wabash, St. Louis & Pacific R'y. Co.Missouri Court of Appeals · 1885
  3. Libby v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1909
  4. Richardson v. Chicago & Alton RailroadSupreme Court of Missouri · 1899
  5. Sprague v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1885

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