Hance v. Wabash Western Railway Co.
Missouri Court of Appeals
Appeal from the, Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) The proposition of defendant, not having been accepted by the plaintiff, never ripened into a contract between those parties. Robinson v. Railroad, 75 Mo. 494; Allen v. Chouteau, 102 Mo. 323; Robinson v. Tapley, 48 Mo. App. 239. (2) The special contract in evidence, supported, as it was, by a reduced rate, was valid.
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Appeal from the, Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) The proposition of defendant, not having been accepted by the plaintiff, never ripened into a contract between those parties. Robinson v. Railroad, 75 Mo. 494; Allen v. Chouteau, 102 Mo. 323; Robinson v. Tapley, 48 Mo. App. 239. (2) The special contract in evidence, supported, as it was, by a reduced rate, was valid. Under it, as defendant only undertook to transport tbe property sued for over its own line, it was not responsible for the subsequent damage to, or destruction of, such goods while tbe same were in tbe…
1Opinion of the CourtBond, J.
— This is an action ex delicto brought by plaintiff against defendant for failure to perform its duty as a common carrier in transporting ten tons of tow, delivered to it by tbe plaintiff for carriage from Montgomery City, Missouri, to Boston, Massachusetts.
Tbe defense made by tbe answer is, that the shipment in question was received by tbe defendant under a certain special written and printed contract with tbe plaintiff, wherein, for tbe consideration therein named, tbe defendant undertook and agreed to transport the goods from Montgomery City, Missouri, on tbe line of its railroad to tbe…
2Cases cited10 opinions
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Rogan v. Wabash Railway Co.Missouri Court of Appeals · 1892
- Dimmitt v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1890
- Conover v. Pacific Express Co.Missouri Court of Appeals · 1890
- Nall v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1888
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3Cited by5 opinions
- Gratiot Street Warehouse Co. v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1907
- Popham v. BarnardMissouri Court of Appeals · 1899
- Leone v. KellySupreme Court of Connecticut · 1905
- Larimore v. Chicago & Alton RailroadMissouri Court of Appeals · 1896
- Hance v. Wabash & Western Railway Co.Missouri Court of Appeals · 1895