Botts v. Wabash Railroad
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Ho». E. M. Hughes, Judge. (1) The seventh clause of the contract of shipment is valid, and liquidates the damages in this action, in any event. Harvey v. Railroad, 74 Mo. 546; McFadden v. Railroad, 92 Mo. 343; McFadden v. Railroad, 136 Mo. 177; Hart" v. Railroad, 112 U. S. 331; Wyriek v. Railroad, 74 Mo. App. 406; Yaughn v. Railroad, 78 Mo. App. 639; Live Stock Com. Co. v. Railroad, 87 Mo.
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Appeal from Audrain Circuit Court. — Ho». E. M. Hughes, Judge. (1) The seventh clause of the contract of shipment is valid, and liquidates the damages in this action, in any event. Harvey v. Railroad, 74 Mo. 546; McFadden v. Railroad, 92 Mo. 343; McFadden v. Railroad, 136 Mo. 177; Hart" v. Railroad, 112 U. S. 331; Wyriek v. Railroad, 74 Mo. App. 406; Yaughn v. Railroad, 78 Mo. App. 639; Live Stock Com. Co. v. Railroad, 87 Mo. App. 330. (2) To permit the shipper in this case to recover more than the values fixed by himself in return for a reduced rate and free transportation, would be a fraud…
1Opinion of the CourtGoode, J.
(after stating the facts). — The instruction given against the objection of the plaintiff that if the jury found the issues for the plaintiff they would allow him only $11.10, the amount he had paid for feeding and watering his stock, on account of the delay in transit, was based on the following paragraph of the bill of lading:
*401* ‘ The party of the second part, in consideration of the rate named in this contract, further agrees' to water and feed said stock at his or their own risk and expense, while the same is in the cars of said first party or connecting lines; and, in the event of any…
2Cases cited1 opinion
- Ball v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
3Cited by4 opinions
- Bushnell v. Wabash RailroadMissouri Court of Appeals · 1906
- Gilbert v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1908
- Norfolk & Western Railway Co. v. SteeleSupreme Court of Virginia · 1915
- Fulbright v. Wabash RailroadMissouri Court of Appeals · 1906