Nickey v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from the Butler Circuit Court. — Hon. John Gr. Wear, Judge. Carriers may limit their responsibility as common carriers by contract with shippers, and the court erred in excluding the special contract introduced in evidence in this case and signed by the plaintiff.
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Appeal from the Butler Circuit Court. — Hon. John Gr. Wear, Judge. Carriers may limit their responsibility as common carriers by contract with shippers, and the court erred in excluding the special contract introduced in evidence in this case and signed by the plaintiff. Hutchinson on Carriers, sec. 240; McMillan v. Railroad, 16 Mich. 79; Squire v. Railroad, 98 Mass. 239; Long v. Railroad, 50 N. Y. 76; Mcllny v. Buckner, 35 Ark. 555; Railroad v. Weakley, 8 S. W. Rep. 134 ; McFadden v. Railroad, 92 Mo. 344. The court erred in refusing to permit the evidence of the attachment suit against…
1Opinion of the CourtBiggs, J.
Plaintiff sued defendant for the value of eight mules, alleged by him to have been delivered to defendant as a common carrier, by which the defendant, for a consideration then paid, undertook to transport said mules from the city of Poplar Bluff in Butler county, Missouri, to the city of Cairo, in the state of Illinois, and there deliver the same to the plaintiff. There was an allegation of non-delivery of the mules and a prayer for judgment for fifteen hundred dollars, their alleged value.
Defendant, by its answer, admits that it received the mules for shipment, but, at the time, plaintiff…
2Cases cited5 opinions
- Davis v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1886
- Levering v. Union Transportation & InsuranceSupreme Court of Missouri · 1867
- Clark v. St. Louis, Kansas City, & Northern Railway Co.Supreme Court of Missouri · 1877
- Heil v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1885
- Kirby v. Adams Express Co.Missouri Court of Appeals · 1876
3Cited by9 opinions
- Rogan v. Wabash Railway Co.Missouri Court of Appeals · 1892
- Conover v. Pacific Express Co.Missouri Court of Appeals · 1890
- Doan v. St. Louis, Keokuk & Northwestern Railway Co.Missouri Court of Appeals · 1889
- Puritan Pharmaceutical Co. v. Pennsylvania RailroadMissouri Court of Appeals · 1934
- David Kellerman & Son v. Kansas City, St. Joseph & Council Bluffs RailroadMissouri Court of Appeals · 1894
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