Jones v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. O’Neill Ryan, Judge. The trial court erred in refusing instruction No. 2. Where a carrier undertakes to transport live stock it is bound to furnish good and sufficient cars and if it does not and animals escape by reason of defects in its cars beyond the terminus of its road it will be liable for the loss even though there be a special contract undertaking to exempt it from loss beyond the end of its line.
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Appeal from St. Louis City Circuit Court. — Eon. O’Neill Ryan, Judge. The trial court erred in refusing instruction No. 2. Where a carrier undertakes to transport live stock it is bound to furnish good and sufficient cars and if it does not and animals escape by reason of defects in its cars beyond the terminus of its road it will be liable for the loss even though there be a special contract undertaking to exempt it from loss beyond the end of its line. Potts v. Railway, 17 Mo. App. 394; Railway v. Strain, 81 111. 504; Brown v. Railway, 18 Mo. App. 568; Popham v. Barnard, 77 Mo. App. 619;…
1Opinion of the CourtBland, P. J.
— On June 14, 1903, plaintiff delivered to defendant railroad company, at its station at Winona, Missouri, one hundred and fifty-four hogs to be carried by rail to Frankford, Missouri. The hogs made a carload, and it was agreed that they should be transported to their place of destination for fifty-seven dollars, to be paid by plaintiff on .the arrival of the car at Frank-ford. The terminus of defendant’s line was at St. Louis, at which point the car was delivered to the Wabash Railroad Company and by it hauled to Gilmore, Missouri, and there delivered to the St. Louis & Hannibal Railroad…
2Cases cited7 opinions
- Western Railway Co. v. HarwellSupreme Court of Alabama · 1890
- Mason v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- Brown v. Wabash, St. Louis & Pacific R'y. Co.Missouri Court of Appeals · 1885
- Potts v. Wabash, St. Louis & Pacific Ry. Co.Missouri Court of Appeals · 1885
- Popham v. BarnardMissouri Court of Appeals · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Brennisen v. Pennsylvania RailroadSupreme Court of Minnesota · 1907
- AJ Tebbe & Sons Company v. Brown ExpressTexas Supreme Court · 1960
- Letner v. Mo. Pac. R.R. Co.Missouri Court of Appeals · 1923
- Schagrin v. BaconSuperior Court of Delaware · 1922
- AJ Tebbe & Sons Company v. Brown ExpressTexas Supreme Court · 1960
2 more not listed; retrieve them via the Exa API.