Bellows v. Wabash Railroad
Missouri Court of Appeals
Appeal from Nodaway Circuit Court. — Hon. Alonso D. Burnes, Special Judge. . (1) The provision of'the contract requiring the shipper to give notice of loss or damage sustained, cannot be enforced in this case the damage having oceurred by reason of tbe carriers negligence and the trial court having so found. Ward v. Railway, 158 Mo. 226; loe. cit. 237; 5 Am. & Eng. Ency. L., at page 324; Express Co. v. Cooper, 14 Am.
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Appeal from Nodaway Circuit Court. — Hon. Alonso D. Burnes, Special Judge. . (1) The provision of'the contract requiring the shipper to give notice of loss or damage sustained, cannot be enforced in this case the damage having oceurred by reason of tbe carriers negligence and the trial court having so found. Ward v. Railway, 158 Mo. 226; loe. cit. 237; 5 Am. & Eng. Ency. L., at page 324; Express Co. v. Cooper, 14 Am. St. 586. (2) The bull not having been delivered to the shipper at the place of destination, notice of loss was not required. Ward v. Railway, 158 Mo. 226; Richardson v. Railway,…
1Opinion of the Court
ELLISON, J. —
Plaintiff shipped a lot of cattle with defendant from Maryville, Missouri, to Omaha, Nebraska. They were injured and one of them, a bull, was killed while en route. The petition charges that the defendant was guilty of negligence. The case was submitted to Judge Craig, who became sick before a decision, when the submission was set aside and the cause submitted to Judge Burnes of the Fifth circuit, who rendered judgment for the defendant on the ground that no notice of loss or damage had been given as required by the contract of shipment.
It appears that the contract provided that…
2Cases cited6 opinions
- Ward v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1900
- Brown v. Wabash, St. Louis & Pacific R'y. Co.Missouri Court of Appeals · 1885
- Dawson v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Richardson v. Chicago & Alton RailroadMissouri Court of Appeals · 1895
- Smith v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Meriwether v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1908
- Kolkmeyer v. Chicago & Alton RailroadMissouri Court of Appeals · 1915
- Southern Railway Co. v. TollersonSupreme Court of Georgia · 1907
- Davis v. Wabash RailroadMissouri Court of Appeals · 1906
- Letts v. Wabash RailroadMissouri Court of Appeals · 1908
1 more not listed; retrieve them via the Exa API.