McFadden v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from, Cooper Circuit Court. — Hon. E. L. Edwards, Judge. (1) Plaintiff’s agent, Frost, accepted the bill of lading, without any fraud or imposition being practiced upon him, and without making any objections to its terms. It was, therefore, the sole agreement under which the stock was shipped, and plaintiff is bound by its terms. Hutchinson on Carriers, sec. 265; Lawson on Cont. of Carriers, sec. 102, and authorities cited; Snider ®. Adams Ex.
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Appeal from, Cooper Circuit Court. — Hon. E. L. Edwards, Judge. (1) Plaintiff’s agent, Frost, accepted the bill of lading, without any fraud or imposition being practiced upon him, and without making any objections to its terms. It was, therefore, the sole agreement under which the stock was shipped, and plaintiff is bound by its terms. Hutchinson on Carriers, sec. 265; Lawson on Cont. of Carriers, sec. 102, and authorities cited; Snider ®. Adams Ex. Co., 63 Mo. 376; O Bryan ®. Kinney, 74 Mo. 125; Railroad ®. Cleary, 77 Mo. 634; Brown ®. Railroad, 18 Mo. App. 568. It follows that the court…
1Opinion of the CourtRay, J.
Plaintiff brought this action in the circuit court of Cooper county, against the defendant, as a common carrier, to recover the value of a car load of mules, delivered to defendant at Boonville, to be transported *347over its railroad to the state line, at Kansas City. Whilst in transit, the car containing the mules caught on fire, and thirteen head were burned to death, and the other three so injured as to be a total loss to the plaintiff.
An objection was made to the introduction of any evidence, upon the ground that the petition did not state facts sufficient to constitute a cause of action,…
2Cases cited8 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Moulton v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
- Harvey v. Terre Haute & Indianapolis RailroadSupreme Court of Missouri · 1881
- Fontaine v. Boatmens' Savings InstitutionSupreme Court of Missouri · 1874
- Black v. Goodrich Transportation Co.Wisconsin Supreme Court · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Railway Co. v. WynnTennessee Supreme Court · 1890
- Gulf, C. & S. F. R. Co. v. WashingtonCourt of Appeals for the Eighth Circuit · 1892
- Kellerman v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1896
- Lake Erie & Western Railroad v. HollandIndiana Supreme Court · 1903
- Ayres v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
53 more not listed; retrieve them via the Exa API.