Wabash Railroad v. Ordelheide
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) The contract between the- railroad company and Ordelheide, upon which this suit is based, does not exempt the railroad company from liability for damages caused by its own negligence, and does not hind Ordelheide as an insurer of the company against damages caused to third parties by the negligence of the* company, or for any other cause.
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Transferred from St. Louis Court of Appeals. (1) The contract between the- railroad company and Ordelheide, upon which this suit is based, does not exempt the railroad company from liability for damages caused by its own negligence, and does not hind Ordelheide as an insurer of the company against damages caused to third parties by the negligence of the* company, or for any other cause. (2) A contract will not be construed to exempt from liability for loss caused by misconduct or negligence unless there be an express stipulation to that effect. The terms used must be such as to leave no doubt…
1Opinion of the CourtValliant, J.
This is a demand presented to the probate court for allowance against the estate of defendant’s testator. The claim grows out of the following circumstances:
Plaintiff railroad company in 1892 leased to the testator Ordelheide, in his lifetime, a portion of the land embraced in its right of way in its switch limits ■at its station at Wright City, on which to erect an elevator and warehouse in which to carry on a business for his own use and benefit.
Among other provisions in the lease was the following: “Witnesseth, that the party_ of the first part [the railroad company] for and in…
2Cases cited1 opinion
- Kansas City, Memphis & Birmingham Railroad v. Southern Railway News Co.Supreme Court of Missouri · 1899
3Cited by14 opinions
- Checkley v. Illinois Central RailroadIllinois Supreme Court · 1913
- Pettit Grain & Potato Co. v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1948
- James Quirk Milling Co. v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1906
- New York Central Railroad Co. v. William Culkeen & Sons Co.Massachusetts Supreme Judicial Court · 1924
- Sinclair Refining Co. v. StevensCourt of Appeals for the Eighth Circuit · 1941
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