American Silver Manufacturing Co. v. Wabash Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. (1) We assert that where the plaintiff not only declares upon a special contract with a carrier, hut further offers the contract in evidence and expressly during the trial disclaims any intention to depart from or vary its terms, he thereby affirms its validity and must abide by its terms.
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Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. (1) We assert that where the plaintiff not only declares upon a special contract with a carrier, hut further offers the contract in evidence and expressly during the trial disclaims any intention to depart from or vary its terms, he thereby affirms its validity and must abide by its terms. Railroad v. Par amor e, 119 Ca. 690; Wetsell v. Dinsmore, 4 Daly (N. Y.), 195; Inman v. Seaboard Airline, 159 Fed. 960; Chlanda v. Transit Co., 214 Mo. 260; Fox v. Windes, 127 Mo. 512. (2) A shipment by rail from the city of St. Louis,…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued through the alleged breach of a contract pertaining to an interstate shipment of freight. Plaintiff recovered and defendant prosecutes the appeal.
Plaintiff is a manufacturer of silver plated ware in St. Louis and defendant is a common carrier engaged in interstate traffic. The shipment involved three boxes of silver plated ware from St. Louis, Missouri, to Peoria, Illinois, two of which boxes were lost in transit, and for the alleged value of these — that is $4764.04 — the suit is prosecuted. There is no suggestion in the case that the loss occurred through…
2Cases cited20 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Second Employers'liability CasesSupreme Court of the United States · 1912
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
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- St. Louis, Iron Mountain & Southern Railway Co. v. StarbirdSupreme Court of the United States · 1917
- Joseph v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1913
- McElvain v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
- Dunlap v. Chicago & Alton Ralway Co.Missouri Court of Appeals · 1915
- McNamara v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1918
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