Missouri Valley R. R. v. Caldwell
Supreme Court of Kansas
Error from Lea/oen/worth District Cowt. Caldwell brought his action to recover the value of a mantel mirror, which he alleged was broken and destroyed through the carelessness and negligence of the plaintiff in error.
Read the full summary
Error from Lea/oen/worth District Cowt. Caldwell brought his action to recover the value of a mantel mirror, which he alleged was broken and destroyed through the carelessness and negligence of the plaintiff in error. The Railroad Company answered, denying negligence and carelessness, and alleging that Calcl/wcll, by the shippers as his agents, had released the company from all liability in transporting said mirror, etc., setting out the release as follows: “New York, June 5th, 1869. “We, the undersigned, hereby acknowledge that the one case delivered by us this day to the Camden & Amboy…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Defendant in error brought suit in the district court to recover of plaintiff in error the value of a mirror which he alleged was broken through its negligence. The petition charged that defendant was a common carrier; that as such it received the mirror to transport it to Leavenworth; that it failed to deliver the same in good order, but so negligently and carelessly handled it that it was broken and wholly lost to plaintiff. The answer alleged that the mirror was shipped under an agreement that the transportation should be at the…
2Cited by29 opinions
- Mitchell v. MilhoanSupreme Court of Kansas · 1873
- Pape v. Capitol BankSupreme Court of Kansas · 1878
- Emery v. BennettSupreme Court of Kansas · 1916
- Love v. Kirkbride Drilling & Oil Co.Supreme Court of Oklahoma · 1913
- Atchison, Topeka & Santa Fé Railroad v. RiceSupreme Court of Kansas · 1887
24 more not listed; retrieve them via the Exa API.