Holland v. Atchison, Topeka & Santa Fe Railway Co.
Missouri Court of Appeals
Appeal from Clinton Circuit Court. — Hon. Alonzo D. Burnes, Judge. (1) The petition does not state a cause of action. R. S. 1899, sec. 5222, as amended by the laws of 1905; Griffith y. Railroad, 114 Mo. App. 591; Rawson y. Railroad, 107 S. W. 1101. (2) The plaintiff cannot recover either upon an oral contract of transportation or upon the written bill of lading introduced by him in evidence.
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Appeal from Clinton Circuit Court. — Hon. Alonzo D. Burnes, Judge. (1) The petition does not state a cause of action. R. S. 1899, sec. 5222, as amended by the laws of 1905; Griffith y. Railroad, 114 Mo. App. 591; Rawson y. Railroad, 107 S. W. 1101. (2) The plaintiff cannot recover either upon an oral contract of transportation or upon the written bill of lading introduced by him in evidence. Bensiek v. Cook, 110 Mo. 173; Brown v. Bowen, 90 Mo. 184; Taylor & Sons v. Railroad, 112 S. W. 59; Rieger v. Faber, 116 Mo. App. 123; McBeath v. Railroad, 20 Mo. App. 445; Smith v. Railroad, 112 Mo. App.…
1Opinion of the CourtEllison, J.
Plaintiff is the trustee in bankruptcy of William Francis, and brought this action for damages on a lot of mules and horses charged to have been delivered by Francis to be transported by defendant from Lawson, Missouri, to Montgomery, Alabama. Plaintiff recovered judgment in the trial court. The action is brought under the provisions of section 5222, Revised Statutes 1899, making the initial carrier liable for the negligence of a connecting carrier.
The shipment was evidenced by a bill of lading issued by defendant to Francis. A part of defendant’s defense was based on a written contract of…
2Cases cited7 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
- Ecton v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1907
- 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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