Snider v. Adams Express Co.
Supreme Court of Missouri
Appeal from Vernon Circuit Court. I. There were no underwritten limitations in the contract. They were in the body, and “ the legal presumption is, that stipulations limiting common law liabilities'contained in a receipt given an express company, were known by the party receiving it.” (Belgen vs. Dinsmore, 51 N. Y. 166.) And in this case he had his counsel with him.
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Appeal from Vernon Circuit Court. I. There were no underwritten limitations in the contract. They were in the body, and “ the legal presumption is, that stipulations limiting common law liabilities'contained in a receipt given an express company, were known by the party receiving it.” (Belgen vs. Dinsmore, 51 N. Y. 166.) And in this case he had his counsel with him. Hence it was not necessary for defendant to 'show it called plaintiff’s attention to the terms of the written contract. II. The court erred in giving the instruction for plaintiff, which tells the jury, that if the defendant’s…
1Opinion of the CourtNorton, Judge
This was a suit brought by plaintiff to recover money, alleged to have been lost from a package which defendant had received for transportation. The petition states, in substance, that defendant, as a common carrier, received from plaintiff a package containing $352.35, which he agfeed to transport from Nevada, Yernon county, to Monroe City, Monroe county, and there deliver the same to Andrew Snider, and that for such transportation plaintiff paid defendant the sum of ninety cents; that defendant did not transport and deliver said package safely to said Andrew Snider, but so negligently and…
2Cases cited7 opinions
- Grace v. AdamsMassachusetts Supreme Judicial Court · 1868
- Belger v. . DinsmoreNew York Court of Appeals · 1872
- Wolf v. American Express Co.Supreme Court of Missouri · 1869
- Read v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1875
- Levering v. Union Transportation & InsuranceSupreme Court of Missouri · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Crim v. CrimSupreme Court of Missouri · 1901
- Mateer v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- McCann v. EddySupreme Court of Missouri · 1896
- Dimmitt v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1890
25 more not listed; retrieve them via the Exa API.