Schureman v. Chicago, Burlington & Quincy Railway Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Ron. James E. Withrow, Judge. The court erred in giving the instruction that plaintiff could not recover. Haynes v. Railroad, 54 Mo. App. 585; Hance v. Express Co., 48 Mo. App. 183; Witting v. Railroad, 101 Mo. 631. (1) Where the shipper takes a receipt for goods limiting the liability of the carrier, knowing its terms and intending to assent to its restrictions, he is bound by it.
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Appeal from St. Louis City Circuit Court. — Ron. James E. Withrow, Judge. The court erred in giving the instruction that plaintiff could not recover. Haynes v. Railroad, 54 Mo. App. 585; Hance v. Express Co., 48 Mo. App. 183; Witting v. Railroad, 101 Mo. 631. (1) Where the shipper takes a receipt for goods limiting the liability of the carrier, knowing its terms and intending to assent to its restrictions, he is bound by it. Meyer v. Railroad, 90 Mo. 98; Atchison v. Railroad, 80 Mo- 213; Railroad v. Cleary, 77 Mo. 634; O’Bryan v. Kinney, 74 Mo. 125; Vaughn v. Railroad, 78 Mo. App. 639. (2)…
1Opinion of the CourtGoode, J.
The complaint in this action, which is one to recover damages on account of the loss of certain live stock while being carried by the respondent, assigns two acts of negligence : first, that the defendant shipped the stock in a box car instead of a stock car; second, that when the car contain-' ing the stock reached Galesburg, Illinois, and while standing in the respondent’s yards there, an agent or employee of the respondent closed the side doors of the car, rendering it practically air-tight. Three horses and two mules died from suffocation and overheating.
The first ground of recovery was…
2Cases cited6 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- McManamee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
- McCarty v. Rood Hotel Co.Supreme Court of Missouri · 1898
- Atchison v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1883
- Dlauhi v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Argenbright v. St. Louis & San Francisco Railway Co.Missouri Court of Appeals · 1924