Railway Co. v. McCarthy
Supreme Court of the United States
'rror to tbe Circuit Court of tbe United States for tbe ,ern Dist *ict of Missouri. This is an action by John McCarthy against the Ohio and Mississippi Railway Company, to recover damages alleged to have been sustained by him in consequence of negligence, carelessness, and' delay on the part of the defendant in' the execution of the following contract of affreightment: — “ This agreement, made this twenty-third, day of September, a.d. 1873, between the Ohio and Mississippi…
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'rror to tbe Circuit Court of tbe United States for tbe ,ern Dist *ict of Missouri. This is an action by John McCarthy against the Ohio and Mississippi Railway Company, to recover damages alleged to have been sustained by him in consequence of negligence, carelessness, and' delay on the part of the defendant in' the execution of the following contract of affreightment: — “ This agreement, made this twenty-third, day of September, a.d. 1873, between the Ohio and Mississippi Railway Company, party of the first part, and John McCarthy, party of the second part, witnesseth: — “ That the party of…
1Opinion of the CourtJustice Swayne
The defendant in error was the plaintiff in the court below. He brought this action to recover damages .from the railroad company for alleged breaches of a contract entered into by the parties on the 23d of September, 1873, for the transportation by the company of sixteen car-loads of cattle from East St. Louis to the city of Philadelphia. It was stipulated that McCarthy should have the entire care a,nd charge of the cattle during the trip; that he should load and unload them; that, the company should be deemed forwarders and not common carriers; and that it should be liable only for loss or…
2Cases cited4 opinions
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- Railroad Co. v. PrattSupreme Court of the United States · 1875
- Union Water Co. v. Murphy's Flat Fluming Co.California Supreme Court · 1863
- Knight v. Portland, Saco & Portsmouth RailroadSupreme Judicial Court of Maine · 1868
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- Davis v. WakeleeSupreme Court of the United States · 1895
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Atlantic Coast Line Railroad v. Riverside MillsSupreme Court of the United States · 1911
- Moss v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1923
- Whitacre Partnership v. Biosignia, Inc.Supreme Court of North Carolina · 2004
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