George v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Missouri
Appeal from Mercer Circuit Court.- — Hon. P. G. Stepp, Judge. (1) A common carrier may, by reason of special ■or reduced rate, limit its common law liability. Oxley v. Railroad, 65 Mo. 629 ; Rice v. Railroad, 63 Mo. 314; Ketchum v. Express Co., 52 Mo. 390; Railroad v. Cleary, 77 Mo. 634; Read v. Railroad, 60 Mo. 199 Smith v. Railroad, 112 Mo. App. 610. The recitals of a contract of such reduced rate are prima-facie evidence of the truth of such recitals.
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Appeal from Mercer Circuit Court.- — Hon. P. G. Stepp, Judge. (1) A common carrier may, by reason of special ■or reduced rate, limit its common law liability. Oxley v. Railroad, 65 Mo. 629 ; Rice v. Railroad, 63 Mo. 314; Ketchum v. Express Co., 52 Mo. 390; Railroad v. Cleary, 77 Mo. 634; Read v. Railroad, 60 Mo. 199 Smith v. Railroad, 112 Mo. App. 610. The recitals of a contract of such reduced rate are prima-facie evidence of the truth of such recitals. McFadden v. Railroad, 92 Mo. 343; Harvey v. Railroad, 74 Mo. 538; Crow v. Railroad, 57 Mo. App. 135; Kellerman v. Railroad, 136 Mo. 177;…
1Opinion of the CourtYalliant, P. J.
Plaintiff recovered judgment for $138.10!, damages alleged to have been sustained by him on account of delays in delivering three carloads of hogs delivered to defendant for transportation. The appeal comes here on the idea that a constitutional question is involved. There were two suits begun in a justice’s court, where, after judgments for'plaintiff, appeals were taken to the circuit court, and when there the suits were by agreement consolidated and tried as one. The controversy concerns four shipments, a carload each, three from Princeton to Kansas City and one from Princeton to St.…
2Cases cited1 opinion
- Kellerman v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1896
3Cited by30 opinions
- Blackmer & Post Pipe Co. v. Mobile & Ohio RailroadMissouri Court of Appeals · 1909
- Libby v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1909
- McElvain v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Johnson Grain Co. v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1914
- State Ex Rel. Western Union Telegraph Co. v. Public Service CommissionSupreme Court of Missouri · 1924
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