Burns v. Chicago, Rock Island & Pacific Railroad
Missouri Court of Appeals
Appeal from Clinton Circuit Court. — How. Alonzo D.. Bwrnes, Judge. (1) The plaintiff, by his amended pleading, stands on the-written contract of shipment and is hound by the terms thereof. He cannot he heard to insist upon one requirement of that contract without adopting the whole of it. ' Shinn v. Mule Co., 109 Mo. App-. 562; Porter v. Woods, 138 Mo. 539; Showinger v. Peabody, 57 Conn. 42; Bailey y. Pardridge, 134 HI. 188; Bissel y.
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Appeal from Clinton Circuit Court. — How. Alonzo D.. Bwrnes, Judge. (1) The plaintiff, by his amended pleading, stands on the-written contract of shipment and is hound by the terms thereof. He cannot he heard to insist upon one requirement of that contract without adopting the whole of it. ' Shinn v. Mule Co., 109 Mo. App-. 562; Porter v. Woods, 138 Mo. 539; Showinger v. Peabody, 57 Conn. 42; Bailey y. Pardridge, 134 HI. 188; Bissel y. Dowing, 117 Mich. 646-; Osborn v. Jour dan, 52 Neb. 465; Billings v.. Mason, 80' Maine 485; Hyatt t. Clark, 118 N. Y. 563. (2) The written contract stated that…
1Opinion of the CourtEllison, J.
Plaintiff shipped a stallion over defendant’s road. The animal was injured en route, plaintiff charging such injury was caused by the negligent handling and operation of the train by defendant’s servants. Judgment for five hundred dollars was obtained by plaintiff- in the trial court.
Plaintiff’s petition is founded on a common law4 liability, but the answer made by defendant pleaded, and the evidence showed, a certain written contract of shipment, and defendant relies upon such contract as' denying any right of action in plaintiff unless he should first have given writtén notice of his claim…
2Cases cited3 opinions
- George v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1908
- Holland v. Chicago Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1909
- Hancock v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1908
3Cited by6 opinions
- Parks v. CoyneMissouri Court of Appeals · 1911
- Dunlap v. Chicago & Alton Ralway Co.Missouri Court of Appeals · 1915
- Botts v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1915
- Skain v. WeldonSupreme Court of Missouri · 1967
- McKinstrey v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1911
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