Potter v. Kansas City Southern Ry. Co.
Missouri Court of Appeals
Appeal from Vernon Circuit Court. — Ho». B. G. Thurman, Judge. (1) Under the facts- set up in the answer and which defendant offered to prove the shipment was interstate and the court erred in refusing to permit, defendant to show this.
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Appeal from Vernon Circuit Court. — Ho». B. G. Thurman, Judge. (1) Under the facts- set up in the answer and which defendant offered to prove the shipment was interstate and the court erred in refusing to permit, defendant to show this. Railroad v. Board of Railway Commissioners, 106' Fed. 363; Hanley' v. Railroad, 187 U. S. 617; United States v. Railroad, 152 Fed. 269. (2) The shipment being interstate, the liability was controlled by the provisions of the Interstate Commerce Act and its amendments. Under that act and its amendments as construed by the Supreme Court of the United States…
1Opinion of the CourtTrimble, J.
Plaintiff sued for damages caused by alleged negligent delay, in the shipment of certain live stock. The amended petition alleged that the shipment was from Reo, in Vernon county, Missouri, to Kansas City, Missouri. The shipping contract read “from Reo, Mo., station on the company’s road, consigned to Woods-Egan Com. Co. at Kansas City.”
*58The answer set up that the shipment was an interstate shipment, being from a point in Missouri to a point in Kansas, namely, the Stockyards, a portion of said shipment being in Missouri and a portion in Kansas. The answer further set up that at the time of the…
2Cases cited12 opinions
- Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
- Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
- Hanley v. Kansas City Southern Railway Co.Supreme Court of the United States · 1903
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3Cited by2 opinions
- Western Union Telegraph Co. v. LeeCourt of Appeals of Kentucky · 1917
- Bradford v. McAdooMissouri Court of Appeals · 1920