Legal Opinion

St. Louis S. F. R. Co. v. Peery

Supreme Court of Oklahoma

Decided March 3, 1914No. 2432PublishedCited by 10 opinions

Error from County Court, Grady County; N. M. Williams, Judge. Action by Tom Peery against the St. Louis & San Francisco Railroad Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the CourtTurner, J.

This was an action to recover damages for the failure to deliver, within a reasonable time, certain live stock which plaintiff had delivered to defendant, a common carrier, to be transported from Cyril, Olcla., to Kansas City, Mo., the alleged injury growing out of the shrinkage of.the cattle and a decline of the market. The petition sets forth a common-law cause of action. For answer, after a general denial, defendant set up four special contracts, and pleaded a certain alleged exemption therein contained which reads:

“The company shall not be liable for delay caused by storms, rains, * * *…

2Cases cited4 opinions

  1. Anderson v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1902
  2. Richmond & Danville R. R. v. Trousdale & SonsSupreme Court of Alabama · 1892
  3. International & Great Northern Railway Co. v. HynesCourt of Appeals of Texas · 1893
  4. Wabash, Saint Louis & Pacific Railway Co. v. McCaslandAppellate Court of Illinois · 1882

3Cited by10 opinions

  1. St. Louis S. F. R. Co. v. ShepardSupreme Court of Oklahoma · 1913
  2. Dickinson v. SeaySupreme Court of Oklahoma · 1918
  3. Eastern Elevator Co. v. Atchison, T. & S. F. Ry. Co.Supreme Court of Oklahoma · 1923
  4. Chicago, R. I. & P. Ry. Co. v. Lawton Grain Co.Supreme Court of Oklahoma · 1923
  5. Georgia, Southern & Florida Railway Co. v. MakeeverCourt of Appeals of Kentucky (pre-1976) · 1929

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