Crow v. Chicago & Alton Railroad
Missouri Court of Appeals
Appeal from the Filie Circuit Court. — Hon. R. F. Roy. Judge. (1) Defendant was entitled to a verdict on tbe pleadings. The petition predicates plaintiff’s right to recover upon the common law liability of defendant as an insurer and not upon the ground of negligence. The answer sets up a special contract, which constitutes a valid defense to the cause of action alleged in the petition. The reply admits the contract, simply denying that it is binding upon plaintiffs.
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Appeal from the Filie Circuit Court. — Hon. R. F. Roy. Judge. (1) Defendant was entitled to a verdict on tbe pleadings. The petition predicates plaintiff’s right to recover upon the common law liability of defendant as an insurer and not upon the ground of negligence. The answer sets up a special contract, which constitutes a valid defense to the cause of action alleged in the petition. The reply admits the contract, simply denying that it is binding upon plaintiffs. (2) Defendant’s refused instructions numbers 2 and 5 properly declare the law, and should have been given. The contract…
1Opinion of the CourtRombauer, P. J.
— The plaintiffs, who are partners,brought this action to recover damages from the defendant, caused to them in the transportation of a valuable jack from Mexico, Missouri, to' the town of Curryville, a distance of about thirty miles. The petition charges the defendant with - negligence in the transportation of the animal, which is alleged to have been of the value of $1,000 when it was shipped, and to have been injured to the extent of $250, for which amount plaintiffs pray judgment.
The answer sets up a special contract by which the plaintiffs agreed that they should load the jack…
2Cases cited10 opinions
- Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
- Rice v. Kansas Pacific RailwaySupreme Court of Missouri · 1876
- Nelson v. WallaceMissouri Court of Appeals · 1892
- Rogan v. Wabash Railway Co.Missouri Court of Appeals · 1892
- Brown v. Wabash, St. Louis & Pacific R'y. Co.Missouri Court of Appeals · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Libby v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1909
- Hatch v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1906
- Patriotic Ins. Co. of America v. FranciscusCourt of Appeals for the Eighth Circuit · 1932
- Wyrick v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1898
- Knight v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1906
5 more not listed; retrieve them via the Exa API.