McCann v. Eddy
Supreme Court of Missouri
Appeal from Monroe Circuit Court. — Hon.Thomas H. Bacon, Judge. (1) The defendants could lawfully limit their liability to negligence or delays occurring while the cattle were in their control and on their road.
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Appeal from Monroe Circuit Court. — Hon.Thomas H. Bacon, Judge. (1) The defendants could lawfully limit their liability to negligence or delays occurring while the cattle were in their control and on their road. The contract of shipment did contain such a lawful limitation of liability, and the evidence clearly shows that there was no delay while the cattle were on defendant’s railway or under their control, therefore defendants are not liable, and their instructions should have been given and those given by the court should have been withheld. The judgment is wrong and should be reversed.…
1Opinion of the CourtMacfarlane, J.
This action is to recover damages against defendants, as receivers of the Missouri, Kansas & Texas Railway Company for negligent duty in the transportation and delivery of ninety-five head of cattle from Stoutsville, in Monroe county, in this state, to Chicago, in the state of Illinois.
Stoutsville is a station on the road operated by defendants. Hannibal is the eastern terminus of their road. Erom that point the Wabash Railway Company operates a road to Chicago. The cattle were delivered by defendants to the Wabash company, in a reasonable time and in good order, by which they were carried to…
2Cases cited3 opinions
- Snider v. Adams Express Co.Supreme Court of Missouri · 1876
- Hart v. Chicago & N. W. R'y Co.Supreme Court of Iowa · 1886
- Coates v. United States Express Co.Supreme Court of Missouri · 1870
3Cited by24 opinions
- Marshall & Michel Grain Co. v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1903
- Western Sash & Door Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1903
- Blackmer & Post Pipe Co. v. Mobile & Ohio RailroadMissouri Court of Appeals · 1909
- Marshall & Antles v. Kansas City, Fort Scott & Memphis Railway Co.Missouri Court of Appeals · 1898
- State National Bank v. Chicago Great Western Railway Co.Missouri Court of Appeals · 1897
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