McIntosh v. Oregon Railroad & Navigation Co.
Idaho Supreme Court
APPEAL from tbe District Court of the First Judicial District, for the County of Shoshone. Hon. W. W. Woods, Judge. An action to recover damages for loss of goods received by a carrier for shipment. Judgment for plaintiff.
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APPEAL from tbe District Court of the First Judicial District, for the County of Shoshone. Hon. W. W. Woods, Judge. An action to recover damages for loss of goods received by a carrier for shipment. Judgment for plaintiff. Where the shipper accepts a special contract from the carrier, he is conclusively presumed, in the absence of fraud, imposition, accident or mistake, to have consented to all the terms and conditions contained in it, and he cannot afterward be heard to say that he did not read the instrument or did not know its contents. (St. Louis etc. By. v. Weakly, 50 Ark. 397, 7 Am. St.…
1Opinion of the CourtStewart, J.
— This action is to recover damages for the alleged failure of the defendant to safely transport and deliver to plaintiff certain grain received by plaintiff as a common carrier. In substance the complaint. alleges: That the defendant, as a common carrier, received from the Teboa Mill and Grain Company a certain quantity of wheat and oats, the property of the plaintiff, and thereupon undertook and agreed to safely transport the same from the said town of Teboa to the town of Wardner, in the county of Shoshone, state of Idaho, and deliver the same at the said town of Wardner to the plaintiff,…
2Cases cited7 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Kellerman v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1896
- George v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1908
- Saunders v. Southern Ry. Co.Court of Appeals for the Sixth Circuit · 1904
- Phoenix Powder Manufacturing Co. v. Wabash RailroadMissouri Court of Appeals · 1903
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