Van Buskirk v. Quincy, Omaha & Kansas City Railway Co.
Missouri Court of Appeals
Appeal from Sullivan Circuit Court. — Eon. John P. Butler, Judge. The court erred in giving the plaintiff’s 4th instruction. The law is that any carrier may, in consideration of a reduced rate or charge, limit the amount of its liability in case of loss in transportation. Rice v. Railway, 63 Mo. 314; Harvey v. Railroad, 74 Mr. 638; Kellerman v. Railroad, 136 Mo. 177; Railroad v. Oleary, 77 Mo. 634; George v. Railroad, 214 Mo. 551; Smith v. Railway, 112 Mo.
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Appeal from Sullivan Circuit Court. — Eon. John P. Butler, Judge. The court erred in giving the plaintiff’s 4th instruction. The law is that any carrier may, in consideration of a reduced rate or charge, limit the amount of its liability in case of loss in transportation. Rice v. Railway, 63 Mo. 314; Harvey v. Railroad, 74 Mr. 638; Kellerman v. Railroad, 136 Mo. 177; Railroad v. Oleary, 77 Mo. 634; George v. Railroad, 214 Mo. 551; Smith v. Railway, 112 Mo. App. 610; Keys-M'arshall, etc., Co. v. Railroad, 113 Mo. App. 144; Hancock v. Railway, 131 Mo. App. 401; Townsend, etc., Oo. v. Exp. Co.,…
1Opinion of the CourtJohnson, J.
This action is prosecuted against a common carrier by the shipper of certain race horses for injuries inflicted on the animals during- their transportation. The case was here on a former appeal of defendant and was remanded for another trial on account of error in an instruction. (131 Mo. App. 357.) Reference is made to the opinion then delivered for a complete statement of the facts of the case. After the cause was remanded a change of venue was taken from Grundy county to Sullivan county and defendant filed an amended answer in which the issue first was raised that the provisions of the…
2Cases cited19 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Cau v. Texas & Pacific Railway Co.Supreme Court of the United States · 1904
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Harvey v. Terre Haute & Indianapolis RailroadSupreme Court of Missouri · 1881
- St. Louis, Kansas City & Northern Railway Co. v. ClearySupreme Court of Missouri · 1883
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3Cited by1 opinion
- Leas v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1911