Clark v. St. Louis, Kansas City, & Northern Railway Co.
Supreme Court of Missouri
Appeal from Jackson County Special Law and Equity Court. I. An action cannot be maintained upon an implied contract, when there is an express contract subsisting between the parties in relation to the subject matter of the action, the express contract between the parties being entirely different in its terms from ■ the contract implied by law. (Ang.
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Appeal from Jackson County Special Law and Equity Court. I. An action cannot be maintained upon an implied contract, when there is an express contract subsisting between the parties in relation to the subject matter of the action, the express contract between the parties being entirely different in its terms from ■ the contract implied by law. (Ang. Car., §§ 46, 54.) Where an action is brought against one upon his implied undertaking its a common carrier, and the evidence shows that the defendant did not undertake the transportation of the goods as a common carrier, but as a private carrier,…
1Opinion of the CourtNapton, Judge
The action in this case originated before a justice of the peace, and was for the recovery of damages alleged to have been occasioned by the loss of some hogs shipped on the freight cars of the defendant.
The petition filed with the justice stated that the plaintiff delivered to the defendant, a common carrier, one hundred and two hogs, which the defendant undertook to convey from Harlem to St. Louis; that only eighty-five hogs were delivered at St. Louis ; that seventeen hogs were not delivered, worth ten dollars and thirteen cents each, making in all the sum of one hundred and seventy-two…
2Cases cited1 opinion
- Michigan Southern & Northern Indiana Railroad v. HeatonIndiana Supreme Court · 1871
3Cited by27 opinions
- Nelson v. Great Northern Railway Co.Montana Supreme Court · 1903
- Terre Haute & Logansport Railroad v. SherwoodIndiana Supreme Court · 1892
- Halliday v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1881
- Blackmer & Post Pipe Co. v. Mobile & Ohio RailroadMissouri Court of Appeals · 1909
- Libby v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1909
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