Orr v. Chicago & Alton Railroad
Missouri Court of Appeals
Appeal from the Pike County Circuit Court, Elijah Robinson, Judge. It is competent for a carrier to limit its common law liability, even on its own line, in case such limitations are reasonable. Snyder v. Express Co., 63 Mo. 376; Railroad v. Brvmley, 5 Lea (Tenn.) 401. The statute only makes the receiving carrier liable for the loss occasioned by the negligence of the connecting carrier. The negligence is a fact to be proved by the plaintiff by competent evidence.
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Appeal from the Pike County Circuit Court, Elijah Robinson, Judge. It is competent for a carrier to limit its common law liability, even on its own line, in case such limitations are reasonable. Snyder v. Express Co., 63 Mo. 376; Railroad v. Brvmley, 5 Lea (Tenn.) 401. The statute only makes the receiving carrier liable for the loss occasioned by the negligence of the connecting carrier. The negligence is a fact to be proved by the plaintiff by competent evidence. There is no evidence in the case as to how, when, or where the goods were lost. The burden of proof to show •¿he negligence is on…
1Opinion of the CourtRombauer, J.
The plaintiff recovered a judgment before a justice of the peace, and in the circuit court, to which the cause was appealed, for one hundred and fifty dollars damages, alleged to be caused by the negligent execution of a contract of transportation by the defendant.’
The statement on which the cause was tried, charged -that the defendant, as a common carrier of goods, undertook, for a consideration, to carry the plaintiff’s goods, of a stated value, from Louisiana, Missouri, to .Springfield, Missouri, and to deliver them at the last named place to J. M. Orr, consignee, and that the goods were…
2Cases cited3 opinions
- Grover & Baker Sewing Machine Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1879
- Heil v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1885
- Lampert v. HaydelMissouri Court of Appeals · 1886
3Cited by8 opinions
- State ex rel. Hinde v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1909
- Baker v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1889
- Patterson v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1892
- Minter Bros. v. Southern Kansas RailroadMissouri Court of Appeals · 1894
- F. A. Drew Glass Co. v. Ohio & Mississippi Railway Co.Missouri Court of Appeals · 1891
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