Nines v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Mississippi Circuit Court. — W. N. Randolph, Esq., Special Judge. The instruction given by the court at the instance of the plaintiff is erroneous. First. Because it directed the jury to find the issues against the defendant if satisfied from the evidence that the melons were damaged while being transported by some other carrier, thus ignoring the contract of affreightment which expressly limited defendant’s liability to injuries occurring on its qwn line.
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Appeal from Mississippi Circuit Court. — W. N. Randolph, Esq., Special Judge. The instruction given by the court at the instance of the plaintiff is erroneous. First. Because it directed the jury to find the issues against the defendant if satisfied from the evidence that the melons were damaged while being transported by some other carrier, thus ignoring the contract of affreightment which expressly limited defendant’s liability to injuries occurring on its qwn line. Reed v. Railroad, 60 Mo. 199 ; Ketclmm v. Express Co., 52 Mo. 890; Snider v. Express Co., 63 Mo. 376 ; O’Brien v. Kinney, 74…
1Opinion of the CourtThomas, J.
The petition, which contains five counts, avers that, in the year 1883, “ the St. Louis, Iron Mountain, or in other words the Missouri Pacific and leased and operated lines,” had a contract with the Chicago, Burlington & Quincy; the Keokuk & St. Louis railway ; the Chicago, Milwaukee & St. Paul railway, and the Minneapolis & St. Louis railway for the purpose of receiving within the territory along their respective routes freight, produce, fruit, etc., to be carried over their lines and delivered according to consignment, the tariff of charges for the carriage thereof being distributed and…
2Cases cited1 opinion
- Dimmitt v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1890
3Cited by11 opinions
- Western Sash & Door Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1903
- Popham v. BarnardMissouri Court of Appeals · 1899
- Minter Bros. v. Southern Kansas RailroadMissouri Court of Appeals · 1894
- Nenno v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1904
- Patterson v. Kansas City, Fort Scott & Memphis Railway Co.Missouri Court of Appeals · 1894
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