Carroll v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — Trial before Hon. J. P. Stroti-ier, Judge of tlie Sixth. Judicial Circuit. (1) The court erred in striking out the special defences set up in defendant’s amended answer. The special contract pleaded, was a valid. defence.
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Appeal from Cooper Circuit Court. — Trial before Hon. J. P. Stroti-ier, Judge of tlie Sixth. Judicial Circuit. (1) The court erred in striking out the special defences set up in defendant’s amended answer. The special contract pleaded, was a valid. defence. Daer v. New York, etc., 1 Kern. 485; Wells v. Railroad, 24 N. Y. 181; Perkins v. Sorne, 24 N. Y. 196; Bigsell v. Railroad, 25 N. Y. 442. No principle is better settled tlian that a party to whom any benefit is secured by contract, by .statute, or even by the constitution, may waive such benefit, and that the public are not interested in…
1Opinion of the CourtRay, J.
This is an action by Sarah J. Carroll, as the widow of Hugh A. Carroll, deceased, for the death of her said husband, occasioned by the negligence of defend., ant and its servants in the management of its trains. The petition in substance, and as far as we now deem material to notice, alleged that on the thirty-first of May, 1881, said Hugh A. Carroll, under the rules and regulations of defendant, and in compliance with defendant’s-terms, shipped one car load of stock on one of defendant’s' freight trains from California to St. Louis, and took pas-' sage himself on the same train, in…
2Cases cited15 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Althorf v. . WolfeNew York Court of Appeals · 1860
- Sherlock v. AllingIndiana Supreme Court · 1873
- Humes v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Bissell v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
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3Cited by35 opinions
- Powell v. Union Pacific RailroadSupreme Court of Missouri · 1914
- Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Mathews v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
- San Antonio & Aransas Pass Railway Co. v. LongTexas Supreme Court · 1894
- Doyle v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1896
30 more not listed; retrieve them via the Exa API.