Kansas City, St. Joseph & Council Bluffs Railroad v. Simpson
Supreme Court of Kansas
Error from Atchison District Court. Action by Richard D. Simpson against The Kansas City, St. Joseph & Council Bluffs Railroad Company to recover $300 for damages alleged to have been sustained on account of injuries to a horse shipped from East Atchison to St. Joseph, Missouri.
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Error from Atchison District Court. Action by Richard D. Simpson against The Kansas City, St. Joseph & Council Bluffs Railroad Company to recover $300 for damages alleged to have been sustained on account of injuries to a horse shipped from East Atchison to St. Joseph, Missouri. The defendant in its answer, among other things averred that it was induced to and agreed to carry and deliver the horse at the rate and price of $4 only, by reason of a contract that its risk, in case of damage thereto, should not exceed $100, and that in no ease would a breach of its said contract make its liability…
1Opinion of the Court
The opinion of ,the court was delivered by
Hokton, C. J.:
It is contended on the part of plaintiff in error, that as the horse was transported by the railroad company under a special written contract entered into between the company and one William Towne, that Towne was the only person authorized to sue for a breach thereof, aud that the plaintiff could not recover. • Notwithstanding the fact that the railroad company contracted with Towne alone, and had no knowledge that Towne-was acting merely as agent of Simpson, Simpson was in fact “the real party in interest,” and could maintain an action…
2Cases cited4 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Levering v. Union Transportation & InsuranceSupreme Court of Missouri · 1867
- Kallman v. United States Express Co.Supreme Court of Kansas · 1865
- Hadley v. BrownSupreme Court of Kansas · 1864
3Cited by22 opinions
- Southern Express Co. v. OwensSupreme Court of Alabama · 1906
- Railway Co. v. WynnTennessee Supreme Court · 1890
- Terre Haute & Logansport Railroad v. SherwoodIndiana Supreme Court · 1892
- Doyle v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1896
- Rosenfeld v. Peoria, Decatur & Evansville Railway Co.Indiana Supreme Court · 1885
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