Dunlap v. Chicago & Alton Ralway Co.
Missouri Court of Appeals
Appeal from Callaway Circuit Court. — Hon. D. H. Harris, Judge. (1) The shipments having been from Fulton, Missouri to Chicago, Illinois, were interstate commerce and governed by tbe Federal law: Hamilton v. Railroad, 177 Mo. App. 145. (2) The court erred in not bolding that plaintiff’s failure to give written notice within five days as provided by tbe shipping contracts, barred recovery. Hamilton v. Railroad, 177 Mo.
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Appeal from Callaway Circuit Court. — Hon. D. H. Harris, Judge. (1) The shipments having been from Fulton, Missouri to Chicago, Illinois, were interstate commerce and governed by tbe Federal law: Hamilton v. Railroad, 177 Mo. App. 145. (2) The court erred in not bolding that plaintiff’s failure to give written notice within five days as provided by tbe shipping contracts, barred recovery. Hamilton v. Railroad, 177 Mo. App. 145. (3) Tbe court erred in .giving plaintiffs instructions on its own motion. Railroad v. Interstate Commerce Commission, 117 Fed. 963-964; Yan Hatton v. Railroad, 81 Fed.…
1Opinion of the Court
JOHNSON J.
This is an action against a common carrier for damages caused by negligence in tbe transportation of two horses shipped at different times and under separate contracts from Fulton, Missouri, to Chicago, Illinois.
In tbe first count of tbe petition a negligent injury to a horse valued by plaintiff at $350 and shipped June 20,1912, is alleged and in tbe second damages, are prayed for tbe negligent injury of a horse shipped June 25,1912, and valued at $2000.
Tbe answer pleads that defendant is an interstate carrier, that tbe shipments in question were interstate shipments governed by tbe…
2Cases cited19 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
- Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
- Chicago, Burlington & Quincy Railway Co. v. MillerSupreme Court of the United States · 1913
- Chicago, St. Paul, Minneapolis & Omaha Railway Co. v. LattaSupreme Court of the United States · 1913
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- Vulcanite Roofing Co. v. Commonwealth S. S. Co.Court of Appeals for the Fourth Circuit · 1922
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- Cicardi Bros. Fruit & Produce Co. v. Pennsylvania Co.Missouri Court of Appeals · 1919
- Baird v. Denver & R. G. R.Utah Supreme Court · 1916
- Illinois Central Railway Co. v. W. J. Davis & Co.Mississippi Supreme Court · 1916
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