Shelton v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — Hon. F. O. Johnston, Judge. (1) It is not the defendant’s duty to carry the stock through at all hazards in the shortest time, possible, but it is held to the duty of exercising ordinary diligence in transporting the stock, without unreasonable delay. R. S. 1899, sec. 1084; Douglass v. Railroad, 53 Mo. App. 473; Leonard y. Railroad, 54 Mo. App. 293; Sloop y. Railroad, 93 Mo. App. 605; Perry y. Railroad, 89 Mo.
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Appeal from Lawrence Circuit Court. — Hon. F. O. Johnston, Judge. (1) It is not the defendant’s duty to carry the stock through at all hazards in the shortest time, possible, but it is held to the duty of exercising ordinary diligence in transporting the stock, without unreasonable delay. R. S. 1899, sec. 1084; Douglass v. Railroad, 53 Mo. App. 473; Leonard y. Railroad, 54 Mo. App. 293; Sloop y. Railroad, 93 Mo. App. 605; Perry y. Railroad, 89 Mo. App. 49; Anderson v. Railroad, 93 Mo. App. 677; Botts v. Railroad, 106 Mr. App. 397. (2) Where the limitation of the carrier’s liability, purports…
1Opinion of the CourtNortoni, J.
This is a suit for damages alleged to have accrued to plaintiffs because of the negligence of defendant, a common carrier, in transporting a carload of hogs from Mt. Vernon, Missouri, to East St. Louis, Illinois. The plaintiffs count upon the common law liability of the defendant. The defendant pleads in bar a provision contained in the contract of affreightment to the effect that unless notice of the loss was given to it within one day after the arrival of the shipment at destination, no suit or action could be maintained thereon. Plaintiffs conceded executing the contract of shipment…
2Cases cited9 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- 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
- Smith v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1905
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Cook v. Tide Water Associated Oil CompanyMissouri Court of Appeals · 1955
- McElvain v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- In Re Estate of WeinsaftMissouri Court of Appeals · 1983
- State v. HendrixSupreme Court of Missouri · 1932
- Moore v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
6 more not listed; retrieve them via the Exa API.