Richardson v. Chicago & Alton Railroad
Missouri Court of Appeals
Appeal- from the Randolph Circuit Court, — Hon. John A. Hockaday, Judge. (1) The court erred in ruling as a matter of law that the eighth clause of the contract, which specifies horses and mules only, includes jacks also, and upon this theory in giving plaintiff’s instruction number 5, for the reasons; First, “That the terms of every written instrument are to be understood in their plain, ordinary and popular sense.” Rubey v. Coal and Mining Co., 21 Mo.
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Appeal- from the Randolph Circuit Court, — Hon. John A. Hockaday, Judge. (1) The court erred in ruling as a matter of law that the eighth clause of the contract, which specifies horses and mules only, includes jacks also, and upon this theory in giving plaintiff’s instruction number 5, for the reasons; First, “That the terms of every written instrument are to be understood in their plain, ordinary and popular sense.” Rubey v. Coal and Mining Co., 21 Mo. App. 167; Bishop on Contracts [Ed. 1887], sec. 404, foot page 157; Weil v. Schwarts, 21 Mo. App. 380. Second. Contracts in derogation of law,…
1Opinion of the CourtEllison, J.
Plaintiff was the owner of a jack, which was shipped to him over defendant’s road by one Martin. The jack was crippled by the negligence of defendant, and was taken in charge by defendant’s servants and carried to a distant point on its road, where such servants killed him. The value of the jack was shown to be $1,000. Under an instruction of the court, based upon a clause of the contract alleged to limit the amount of liability for the loss of the jack, the jury returned a verdict for plaintiff for $100. Plaintiff appealed.
In the contract of shipment, which was signed by Martin, who shipped…
2Cases cited5 opinions
- Rice v. Kansas Pacific RailwaySupreme Court of Missouri · 1876
- Brown v. Wabash, St. Louis & Pacific R'y. Co.Missouri Court of Appeals · 1885
- Ohio & Mississippi Railroad v. BrubakerIllinois Supreme Court · 1868
- Richardson v. DuncanTennessee Supreme Court · 1870
- A. Miller & Bro. v. HahnSupreme Court of North Carolina · 1881
3Cited by15 opinions
- Higday v. NickolausMissouri Court of Appeals · 1971
- Missouri, K. & T. Ry. Co. v. DavisSupreme Court of Oklahoma · 1909
- Richardson v. Chicago & Alton RailroadSupreme Court of Missouri · 1899
- Popham v. BarnardMissouri Court of Appeals · 1899
- Freeman & Hinsen v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1906
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