Paddock v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Sates Circuit Court. — Hon. J. H. Lay, Judge. (1) The regular rate for shipping plaintiff’s stock to Kansas City from Butler in the thirty-four foot car, without executing the written contract, would have been $23.10. While the amount charged under the written contract was $19.80, making a difference of $3.30 per car. There was, therefore, a special rate given plaintiff in consideration of his having executed the written contract.
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Appeal from the Sates Circuit Court. — Hon. J. H. Lay, Judge. (1) The regular rate for shipping plaintiff’s stock to Kansas City from Butler in the thirty-four foot car, without executing the written contract, would have been $23.10. While the amount charged under the written contract was $19.80, making a difference of $3.30 per car. There was, therefore, a special rate given plaintiff in consideration of his having executed the written contract. By the very terms of the contract supra, 'plaintiff and defendant agreed in writing, for a valuable consideration, that, if the hogs were injured…
1Opinion of the CourtEllison, J.
This action was instituted under sections 2590 and 2597, Revised Statutes, 1889, for the damage occasioned by the killing of five head of hogs shipped by plaintiff in one of defendant’s cars. The loss of the hogs is charged to have occurred while in transit and to have been occasioned by the failure of defendant to transport them in a car with two trap doors in the top or roof of the car, one at each end, as is provided in the first section of the statute above mentioned. There was a verdict for plaintiff which was trebled under the last section mentioned. There was also an attorney’s fee of…
2Cases cited6 opinions
- Briggs v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1892
- Mason v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- Duvenick v. Missouri Pacific RailroadMissouri Court of Appeals · 1894
- Potts v. Wabash, St. Louis & Pacific Ry. Co.Missouri Court of Appeals · 1885
- Spiva v. Osage Coal & Mining Co.Supreme Court of Missouri · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Wyrick v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1898
- Lackland v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1903
- Kolkmeyer v. Chicago & Alton RailroadMissouri Court of Appeals · 1915
- Wilson & Aull v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1896
- Kincaid v. Kansas City, Clinton & Southern Railway Co.Missouri Court of Appeals · 1895
2 more not listed; retrieve them via the Exa API.