Joseph v. Chicago, Burlington & Quincy Railroad
Missouri Court of Appeals
Appeal from Hannibal Court of Comm on Pleas. — Hon. Wm. T. Ragland, Judge. (1) One of the conditions of the bill of lading was, that “claims for loss, damage or delay must be made in writing to the carrier at the point of delivery or at the point of origin within four months after the delivery of the property; or, in case of failure to make delivery, then within four months after reasonable time of delivery has elapsed.
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Appeal from Hannibal Court of Comm on Pleas. — Hon. Wm. T. Ragland, Judge. (1) One of the conditions of the bill of lading was, that “claims for loss, damage or delay must be made in writing to the carrier at the point of delivery or at the point of origin within four months after the delivery of the property; or, in case of failure to make delivery, then within four months after reasonable time of delivery has elapsed. Unless claim is so made the carrier should not be liable.” The evidence of both plaintiff and defendant show that no such claim was made, hence instruction No. 1 asked for by…
1Opinion of the CourtAllen, J.
This is an action for damages accruing through the alleged loss of certain merchandise delivered by plaintiff to defendant for shipment from Hannibal, Missouri, to Chelsea, Oklahoma. The suit was instituted before a justice of the peace, where plaintiff had judgment, and in due time defendant perfected its appeal to the Hannibal Court of Common Pleas, where the cause was tried before the court and a jury, resulting in a verdict for plaintiff in the sum of $100. The court required plaintiff to remit a por*21tion thereof, which was done, and judgment was entered accordingly, from which defendant…
2Cases cited5 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Crenshaw v. ArkansasSupreme Court of the United States · 1913
- Chicago, Burlington & Quincy Railway Co. v. MillerSupreme Court of the United States · 1913
- Chicago, St. Paul, Minneapolis & Omaha Railway Co. v. LattaSupreme Court of the United States · 1913
- American Silver Manufacturing Co. v. Wabash RailroadMissouri Court of Appeals · 1913
3Cited by12 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. StarbirdSupreme Court of the United States · 1917
- Atlantic Coast Line Railroad v. SandlinSupreme Court of Florida · 1918
- Banaka v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1916
- Hamilton v. Chicago & Alton RailroadMissouri Court of Appeals · 1914
- McElvain v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
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