Townsend & Wyatt Dry Goods Co. v. United States Express Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. Chesley A. Mosman, Judge. (1) The law is well settled in this State and in New York that a common carrier cannot limit its common law liability, for its negligence, in whole or in part, by contract, unless fairly entered into, made in clear terms, about which there can be no misunderstanding, and for a sufficient consideration. Conover v. Express Co., 40 Mo. App. 31; Powder M’fg. Co. v. Railroad, 101 Mo.
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Appeal from Buchanan Circuit Court. — Hon. Chesley A. Mosman, Judge. (1) The law is well settled in this State and in New York that a common carrier cannot limit its common law liability, for its negligence, in whole or in part, by contract, unless fairly entered into, made in clear terms, about which there can be no misunderstanding, and for a sufficient consideration. Conover v. Express Co., 40 Mo. App. 31; Powder M’fg. Co. v. Railroad, 101 Mo. App. 453; Myers v. Railroad, 120 Mo. App. 297; Ward v. Railroad, 158 Mo. 226. (2) But when the consideration relied on is a reduction of freight…
1Opinion of the CourtBroaddus, P. J.
This is a suit by plaintiff against the defendant as a common carrier to recover the value of certain goods lost in transportation. The facts are as follows: The plaintiff purchased goods of Johnson, Cowdin & Co. of the city of New York to be shipped to St. Joseph, Missouri. Johnson, Cowdin & Co. delivered the package containing the goods to the defendant company consigned to plaintiff at St. Joseph. Their agent, who had charge of its express business, made out a receipt for the goods which was signed by the agent of the defendant company. This receipt was made out on one of the blanks…
2Cases cited3 opinions
- Mynard v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1877
- Magnin v. . DinsmoreNew York Court of Appeals · 1877
- Fogg v. Supreme Lodge of the United Order of the Golden LionMassachusetts Supreme Judicial Court · 1893
3Cited by4 opinions
- Pacific Express Co. v. RudmanCourt of Appeals of Texas · 1912
- Lewis v. ImhofMissouri Court of Appeals · 1909
- Robert v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1910
- Van Buskirk v. Quincy, Omaha & Kansas City Railway Co.Missouri Court of Appeals · 1910