Ward v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. O. L. Hobson, Judge. (1) Defendant’s demurrer to the evidence should have been sustained. The clause in the bill of lading requiring notice was,not complied with and the court should have directed a verdict for the defendant. Rice v. Railroad, 63 Mo. 314; Flamed v. Railroad, 51 Mo.
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Appeal from Jackson Circuit Court. — Hon. O. L. Hobson, Judge. (1) Defendant’s demurrer to the evidence should have been sustained. The clause in the bill of lading requiring notice was,not complied with and the court should have directed a verdict for the defendant. Rice v. Railroad, 63 Mo. 314; Flamed v. Railroad, 51 Mo. App. 482; Sprague v. Railroad, 34 Kan. 347; Railroad v. Koch, 47 Kan. 753; Greenwood on Public Policy, rule 455, p. 517. (2) The court committed error in giving plaintiff’s instructions numbered 2 and 3, and in refusing defendant’s instructions numbered 4 and 5. The…
1Opinion of the CourtRobinson, J.
On September 18, 1895, the plaintiff shipped from Pittsburg, Kansas, to Kansas City, Mo., over the line of defendant’s railroád, a lot of household furniture and three boxes of household goods and notions. One of these boxes plaintiff never received, and to recover the damages occasioned thereby this suit was begun. At the trial plaintiff recovered a judgment for $300, and defendant, after the usual preliminaries to that end, took the case on appeal to the Kansas City Court of Appeals. When the case came up for hearing in that court, it was ordered transferred to this, for the reason, as…
2Cited by31 opinions
- Gardner v. Southern RailroadSupreme Court of North Carolina · 1900
- Pacific Coast Co. v. Yukon Independent Transp. Co.Court of Appeals for the Ninth Circuit · 1907
- Bushnell v. Wabash RailroadMissouri Court of Appeals · 1906
- Wabash Railroad v. SloopSupreme Court of Missouri · 1906
- Holland v. Chicago Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1909
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