Potts v. Wabash, St. Louis & Pacific Ry. Co.
Missouri Court of Appeals
Appeal from Audrain Circuit Court, Hon. Elijah Robinson, Judge. Statement of the case by the court. This was an action instituted before S. W. Bickley,. justice of the peace in Salt river township, Audrain county, Missouri, to recover the sum of $48.40, damages-on account of loss of two of plaintiff; ’s cattle out of a freight car, while in transit upon the railroad of defendant, between Centralia and St. Louis, in the month of October, 1881. Plaintiff; states that defendant…
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Appeal from Audrain Circuit Court, Hon. Elijah Robinson, Judge. Statement of the case by the court. This was an action instituted before S. W. Bickley,. justice of the peace in Salt river township, Audrain county, Missouri, to recover the sum of $48.40, damages-on account of loss of two of plaintiff; ’s cattle out of a freight car, while in transit upon the railroad of defendant, between Centralia and St. Louis, in the month of October, 1881. Plaintiff; states that defendant carelessly and negligently placed and loaded said nineteen head of cattle in an old and dilapidated car, which said car…
1Opinion of the Court
Opinion by
Ellison, J.
Though this presents a case for our determination, *400somewhat peculiar and not free from doubt, we are left without assistance from plaintiff’s counsel, as he has not given us the benefit of his researches by filing a brief in the case. Its solution would not be attended with difficulty, were it not that a special contract is insisted on as being an exemption from liability on account of any loss arising from the condition of the car. And that plaintiff being aware of the condition of the car, nevertheless, attempted himself to remedy the defect and shipped his stock. •
Recou…
2Cases cited8 opinions
- Propeller Niagara v. CordesSupreme Court of the United States · 1859
- Camden & Amboy Rail Road & Transportation Co. v. BurkeNew York Supreme Court · 1835
- Hawkins v. Great Western R. R.Michigan Supreme Court · 1868
- Great Western Railway Co. v. HawkinsMichigan Supreme Court · 1869
- Betts v. Farmers' Loan & Trust Co.Wisconsin Supreme Court · 1866
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- 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
- Popham v. BarnardMissouri Court of Appeals · 1899
- Yontz v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1913
- Jones v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1905
12 more not listed; retrieve them via the Exa API.