Missouri, O. & G. Ry. Co. v. French
Supreme Court of Oklahoma
Error from District Court, Hughes County; John Caruthers, Judge. Action by W. C.-French against the Missouri, Oklahoma & Gulf Railway Company. Judgment for‘plaintiff, ‘ and defendant brings error. This action was instituted to recover damages from the plaintiff in error for injury to two mules and certain household goods shipped by the defendant in error from Arma, Kan., to Big Wells, Tex.
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Error from District Court, Hughes County; John Caruthers, Judge. Action by W. C.-French against the Missouri, Oklahoma & Gulf Railway Company. Judgment for‘plaintiff, ‘ and defendant brings error. This action was instituted to recover damages from the plaintiff in error for injury to two mules and certain household goods shipped by the defendant in error from Arma, Kan., to Big Wells, Tex. The Missouri Pacific Railroad was the initial carrier, who transported the goods to' Rex, Okla., where they were delivered to the plaintiff in error, to be delivered to a connecting road, interstate…
1Opinion of the Court
Opinion by
DEVEREUX, C.
(after stating the facts as above). Under the first assignment of error it is argued that the court erred in giving the instruction above set out, and this' raises the question whether in interstate traffic the carrier can make a contract with the shipper by which it is released from its obligations as a common carrier, and assume those of a forwarder only, and further contract that it shall only be liable for negligence, and that the burden of proof to show negligence' shall be assumed by the shipper. It will be seen from the instruction that the trial court must have…
2Cases cited12 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- Ellis v. Portsmouth & Roanoke Rail RoadSupreme Court of North Carolina · 1841
- Chicago, R. I. & P. Ry. Co. v. SpearsSupreme Court of Oklahoma · 1912
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Atlantic Coast Line Railroad v. SandlinSupreme Court of Florida · 1918
- Missouri, K. & T. Ry. Co. v. TaylorSupreme Court of Oklahoma · 1918
- Wyman v. Chicago, R. I. & P. Ry. Co.Supreme Court of Oklahoma · 1916
- Schaff v. HudginsSupreme Court of Oklahoma · 1922
- Lane v. Oregon Short Line RailroadIdaho Supreme Court · 1921
4 more not listed; retrieve them via the Exa API.