Brown v. Wabash, St. Louis & Pacific R'y. Co.
Missouri Court of Appeals
Appeal from Audrain Circuit Court, Hon. Elijah Robinson, J. Statement of case by the court. This was an action instituted in the circuit court of Audrain county, Mo., to recover from defendant the sum of $150, the value of a mule alleged to have been lost in transit while on the railroad of defendant, between the town of Mexico and the city of St. Louis, Mo., on the 9th day of March, 1881, by reason of defendant negligently failing to furnish plaintiffs with a car of…
Read the full summary
Appeal from Audrain Circuit Court, Hon. Elijah Robinson, J. Statement of case by the court. This was an action instituted in the circuit court of Audrain county, Mo., to recover from defendant the sum of $150, the value of a mule alleged to have been lost in transit while on the railroad of defendant, between the town of Mexico and the city of St. Louis, Mo., on the 9th day of March, 1881, by reason of defendant negligently failing to furnish plaintiffs with a car of sufficient strength and durability in which to transport the mules shipped. Defendant answered, setting up a written contract…
1Opinion of the Court
Opinion by
Ellison, J.
Carriers are not responsible for an injury to animals resulting from their own inherent propensities. Potts v. Ry. Co. (17 Mo. App. 394.) Yet they are bound to provide suitable, safe and secure cars for the transaction of their business. Ibid, and cases cited.
And a contract, though signed by the shipper, agreeing to release the carrier, will not exonerate him from *574resulting damage or from his implied duty to furnish suitable means to safely transact his business. Ib. Co. v. Pratt, 22 Wall. 123 ; Welch v. Ry. Co., 10 Ohio St. 65; I. B. & W. Ry. Co. v. Strain, 81 Ill. 504.
Th…
2Cases cited8 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Railroad Co. v. PrattSupreme Court of the United States · 1875
- Harvey v. Terre Haute & Indianapolis RailroadSupreme Court of Missouri · 1881
- St. Louis, Kansas City & Northern Railway Co. v. ClearySupreme Court of Missouri · 1883
- O'Bryan v. KinneySupreme Court of Missouri · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Rogan v. Wabash Railway Co.Missouri Court of Appeals · 1892
- Richardson v. Chicago & Alton RailroadSupreme Court of Missouri · 1899
- Richardson v. Chicago & Alton RailroadMissouri Court of Appeals · 1895
- Thompson v. Chicago & Alton RailroadMissouri Court of Appeals · 1886
- Shelton v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908
15 more not listed; retrieve them via the Exa API.