Helm v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jackson. Circuit Court. — How. W. B. Teasdale, Judge. (1) . The cattle in controversy were shipped under a written contract, and of course this contract could not be varied by oral testimony. ' Hutchinson on Carriers (last Ed.), secs. 126-128; Brown v. Railroad, 18 Mo. App. 568; O’Brien v. Kenney, 74 Mo. 125; Railroad v. Oleary, 77 Mo. 637. (2) The court also committed error in withdrawing the written contract from the consideration of the jury.
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Appeal from Jackson. Circuit Court. — How. W. B. Teasdale, Judge. (1) . The cattle in controversy were shipped under a written contract, and of course this contract could not be varied by oral testimony. ' Hutchinson on Carriers (last Ed.), secs. 126-128; Brown v. Railroad, 18 Mo. App. 568; O’Brien v. Kenney, 74 Mo. 125; Railroad v. Oleary, 77 Mo. 637. (2) The court also committed error in withdrawing the written contract from the consideration of the jury. (3) The court committed error, in permitting plaintiff’s witness (Necessary) to- testify as to the conversation that took place between…
1Opinion of the CourtSmith, P. J.
This is an action which was commenced before a justice of the peace. It is alleged in the statement that plaintiff was the owner of twenty-three head of fat cattle which he desired to ship to the Kansas City market from Adams Station, an unimportant station at which defendant kept no agent; and that accordingly, on January 14, 1901, the defendant, through its agent at Independence, promised to furnish at Adams Station a car on that day for the shipment of plaintiff’s cattle, for which he (plaintiff) promised to pay the usual freight charges; that relying on said promise plaintiff drove his…
2Cases cited8 opinions
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- St. Louis, Kansas City & Northern Railway Co. v. ClearySupreme Court of Missouri · 1883
- O'Bryan v. KinneySupreme Court of Missouri · 1881
- Miller v. Chicago & Alton RailroadMissouri Court of Appeals · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- H. A. Johnson & Co. v. Springfield Ice & Refrigerating Co.Missouri Court of Appeals · 1910
- C. G. Conn Co. v. OrrMissouri Court of Appeals · 1910
- Gregmoore Orchard Co. v. GilmourMissouri Court of Appeals · 1911
- J. W. Gillum & Co. v. Fire Ass'nMissouri Court of Appeals · 1904