Anderson v. Atchison, Topeka & Santa Fe Railway Co.
Missouri Court of Appeals
Appeal from Linn Circuit Court. — Hon. Jno. P. Butler, Judge. (1) The contracts introduced in evidence established prima facie that there were two rates for the shipment and that the shipper voluntarily chose the lower, and in consideration thereof the liability of the company was limited in accordance with the terms of the contracts. Wyrick v. Eailroad, 74 Mo. App. 406; Bowring v. Eailroad, 77 Mo.
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Appeal from Linn Circuit Court. — Hon. Jno. P. Butler, Judge. (1) The contracts introduced in evidence established prima facie that there were two rates for the shipment and that the shipper voluntarily chose the lower, and in consideration thereof the liability of the company was limited in accordance with the terms of the contracts. Wyrick v. Eailroad, 74 Mo. App. 406; Bowring v. Eailroad, 77 Mo. App. 250; McEadden v. Eailroad, 92 Mo-. 343; Kellerman v. Eailroad, 136 Mo. 177; Harvey v. Eailroad, 74 Mo. 538; Hart v. Eailroad, 112 H. S. 331. (2) The stipulations in the contracts which provide…
1Opinion of the CourtEllison, J.
Plaintiff shipped over defendant’s.road three carloads of cattle from Marceline, Missouri, to Chicago, Illinois, for the market at that point. They were not delivered in time for the market of the day next after shipment and the delay (which plaintiff charges was negligent) caused a loss to the plaintiff. No evidence was introduced by defendant. Plaintiff recovered judgment in the trial court.
The shipment was under a special contract which exempted the defendant from liability on account of delay. But as the defendant can not make a binding contract which will exempt it from liability for its…
2Cases cited4 opinions
- Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
- Otis Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Leonard v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1893
- Blanchard v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1895
3Cited by16 opinions
- Wright v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1906
- Ecton v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1907
- Bushnell v. Wabash RailroadMissouri Court of Appeals · 1906
- Lay v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1911
- St. Louis S. F. R. Co. v. PeerySupreme Court of Oklahoma · 1914
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