Watkins v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from the Mississippi Circuit Court. — Hon. H. C. O’Bryan, Judge. (1) The carrier’s liability is limited to his own line, and the carrier is not liable for damages occurring beyond the terminus of its railroad, except by special contract. Machine Co. v. Railroad, 70 Mo. 672; Railroad v. Pratt, 22 Wall. 124; Perkins v. Railroad, 47 Me. 593 ; Péople v. Railroad, 55 111. 95; Cobb v. Railroad, 38 Iowa, 601 ; McCarthy v. Railroad, 9 Mo. App. 167; Railroad v. Mfg.
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Appeal from the Mississippi Circuit Court. — Hon. H. C. O’Bryan, Judge. (1) The carrier’s liability is limited to his own line, and the carrier is not liable for damages occurring beyond the terminus of its railroad, except by special contract. Machine Co. v. Railroad, 70 Mo. 672; Railroad v. Pratt, 22 Wall. 124; Perkins v. Railroad, 47 Me. 593 ; Péople v. Railroad, 55 111. 95; Cobb v. Railroad, 38 Iowa, 601 ; McCarthy v. Railroad, 9 Mo. App. 167; Railroad v. Mfg. Co., 16 Wall. 324; Burroughs v. Railroad, 100 Mass. 26; Railroad v. Forsythe, .61 Pa. St. 81 ; Babcock ». Railroad, 49 N. Y. 491;…
1Opinion of the CourtThompson, J.
This action is brought to recover damages of the defendant for injuries to two carloads of potatoes, delivered to the defendant by the plaintiff at Charleston, Missouri, for shipment to Chicago, Illinois. The petition contains four counts. The answer was, first, a general denial; secondly, a special defense, setting up a special contract of shipment, under which the defendant was not liable for injuries to property beyond its own line. At the close of the evidence the plaintiff took a nonsuit as to the second, third and fourth counts of his petition, and went to the jury on the first count.…
2Cases cited6 opinions
- Kennedy v. HolladayMissouri Court of Appeals · 1887
- Heil v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1885
- Morrison v. YanceyMissouri Court of Appeals · 1886
- White v. StonerMissouri Court of Appeals · 1885
- Smith v. YoungMissouri Court of Appeals · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Wiggins v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1906
- Watkins v. St. Louis Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1893