Conover v. Pacific Express Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. The court erred in holding that the plaintiffs were not bound by the limitation regarding the amount of loss provided for by the receipt given by the defend.ant. It is competent for a common carrier, by the contract of carriage, to limit the amount of his liability in case of loss, and the rule is the same whether the . loss was occasioned by the negligence of the carrier or not.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. The court erred in holding that the plaintiffs were not bound by the limitation regarding the amount of loss provided for by the receipt given by the defend.ant. It is competent for a common carrier, by the contract of carriage, to limit the amount of his liability in case of loss, and the rule is the same whether the . loss was occasioned by the negligence of the carrier or not. Brown v. Railroad, 18 Mo. App. 568; Haney ©. Railroad, 74 Mo. 536; Hart v. Railroad, 112 U. S. 331; Oppenhevnier v. Express Co., 69 111.…
1Opinion of the CourtRombaueu, P. J.
This is an action brought by the' plaintiffs to the use of the Union Insurance Company of Philadelphia, who paid to the plaintiffs, upon a contract of guarantee of safe delivery, the value of certain jewelry, which had been delivered by the plaintiffs to the defendant for safe carriage from Little Rock, Arkansas, to Philadelphia, Pennsylvania, and which was stolen from the defendant, while in transit. Upon trial of the cause by the court without a jury, the plaintiffs recovered judgment for two hundred and fifty-seven dollars and eighty cents.
No objection is made to the form of, or parties…
2Cases cited5 opinions
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Harvey v. Terre Haute & Indianapolis RailroadSupreme Court of Missouri · 1881
- Kirby v. Adams Express Co.Missouri Court of Appeals · 1876
- Nickey v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1889
- Doan v. St. Louis, Keokuk & Northwestern Railway Co.Missouri Court of Appeals · 1889
3Cited by14 opinions
- Kellerman v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1896
- Southern Express Co. v. HanawSupreme Court of Georgia · 1910
- Rogan v. Wabash Railway Co.Missouri Court of Appeals · 1892
- Mires v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908
- Crow v. Chicago & Alton RailroadMissouri Court of Appeals · 1894
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