Scrivner v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Thomas J. Beehorn, Judge. (1) Under the well-established rule of pleading, that where specific conditions are relied upon to avoid a contract, the evidence must be confined to the conditions pleaded and that the proof of other conditions is prejudicial, after setting up the illegality of the condition of the shipping contract, for the two specific reasons that the same was not authorized by the Board of Railroad and Warehouse…
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Appeal from Jackson Circuit Court. — Hon. Thomas J. Beehorn, Judge. (1) Under the well-established rule of pleading, that where specific conditions are relied upon to avoid a contract, the evidence must be confined to the conditions pleaded and that the proof of other conditions is prejudicial, after setting up the illegality of the condition of the shipping contract, for the two specific reasons that the same was not authorized by the Board of Railroad and Warehouse Commissioners of Kansas and that the same was without consideration, it was reversible error to permit the plaintiff to testify…
1Opinion of the CourtGraves, J.
— Plaintiff, whilst shipping some horses and some farm and household goods from Council Grove, Kansas, to Carbondale, Kansas, was injured en route near the station of Admire, on February 22, 1908. He had loaded the car the day previous and had signed up a written contract entitling him to ride on the train with the car of stock and goods. He and his mother had remained in the car over night before it left Council Grove on the morning of February 22nd, at about seven o’clock. The accident occurred about nine o’clock of that morning. The plaintiff and his mother were in the freight car, and…
2Cases cited10 opinions
- Lemon v. ChanslorSupreme Court of Missouri · 1878
- McGee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Hipsley v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
- Bolton v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1903
- Coudy v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State Ex Rel. Vulgamott v. TrimbleSupreme Court of Missouri · 1923
- State Ex Rel. American Packing Co. v. ReynoldsSupreme Court of Missouri · 1921
- Young v. DunlapMissouri Court of Appeals · 1916
- Jones v. ThompsonSupreme Court of Missouri · 1944
- Graves v. Missouri Pacific RailroadSupreme Court of Missouri · 1938
3 more not listed; retrieve them via the Exa API.