McLendon v. Wabash Railroad
Missouri Court of Appeals
. Appeal from Jackson Circuit Court. — Hon. Jamies H. Plover, Judge. (1) Respondent is bound by terms of bill of lading which, precludes his recovery. Eckles v. Railroad, 112 Mo. App. 240; Holton v. Railway, 61 Mo. App. 204; O’Bryan y. Kinney, 74 Mo. 125; Railway v. Cleary, 77 Mo. 638; Morgan v. Porter, 103 Mo. 135; Burriss & Hayne v. Railway, 105 Mo. App. 659; American Pub. '& E. Co. v. Walker, 87 Mo.
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. Appeal from Jackson Circuit Court. — Hon. Jamies H. Plover, Judge. (1) Respondent is bound by terms of bill of lading which, precludes his recovery. Eckles v. Railroad, 112 Mo. App. 240; Holton v. Railway, 61 Mo. App. 204; O’Bryan y. Kinney, 74 Mo. 125; Railway v. Cleary, 77 Mo. 638; Morgan v. Porter, 103 Mo. 135; Burriss & Hayne v. Railway, 105 Mo. App. 659; American Pub. '& E. Co. v. Walker, 87 Mo. App. 503. (2) The demurrer of the West Shore Railroad Company should have been sustained for the reason that both at common law and by the terms of the bill of lading (if the court should hold…
1Opinion of the CourtEllison, J.
The plaintiff began this action before a justice of the peace to recover damages for injury to a shipment of some fish from New York City to Kansas City, Missouri. He recovered judgment in the cir-, cuit court and both defendants appealed.
That action is prosecuted against both defendants on the theory that they, together, form one through line for the shipment of freight from New York to Missouri; neither road, separately reaching the full distance between the two points. The written contract of shipment was made with the West Shore Company, to which road the freight was delivered in good…
2Cases cited7 opinions
- Marshall & Michel Grain Co. v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1903
- Lavin v. Grand Lodge of the Ancient Order of United WorkmenMissouri Court of Appeals · 1905
- Western Sash & Door Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1903
- Crouch v. Louisville & Nashville RailroadMissouri Court of Appeals · 1890
- Marshall & Antles v. Kansas City, Fort Scott & Memphis Railway Co.Missouri Court of Appeals · 1898
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3Cited by3 opinions
- Crockett v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1910
- Bryant v. PhillipsMissouri Court of Appeals · 1915
- Green v. Chicago, Milwaukee & St. Paul Ry. Co.Missouri Court of Appeals · 1911