Legal Opinion

Maloney v. Missouri Pacific Railway Co.

Supreme Court of Missouri

Decided May 24, 1894PublishedCited by 20 opinions

Appeal from Jackson Circuit Court. — Hon. J. H. Slover,. Judge. (1) That the defendant, as a common carrier,, could, by contract, lawfully limit its liability, is now too well settled to admit of controversy. M'cFadden v. Railroad, 92' Mo. 343; Rice v. Railroad, 63 Mo. 314;. Snyder v. Adams Express Co., 63 Mo. 376; Ballv. Railroad, 83 Mo. 574; Railroad v.Cleary, 77Mo. 634; O’Brycmv. Kinney, 74 Mo. 125; Brown v. Railroad, 18 Mo.

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Appeal from Jackson Circuit Court. — Hon. J. H. Slover,. Judge. (1) That the defendant, as a common carrier,, could, by contract, lawfully limit its liability, is now too well settled to admit of controversy. M'cFadden v. Railroad, 92' Mo. 343; Rice v. Railroad, 63 Mo. 314;. Snyder v. Adams Express Co., 63 Mo. 376; Ballv. Railroad, 83 Mo. 574; Railroad v.Cleary, 77Mo. 634; O’Brycmv. Kinney, 74 Mo. 125; Brown v. Railroad, 18 Mo. App. 568; Hart v. Railroad, 112 U. S. 331. (2) Plaintiff accepted the bills of lading containing conditions limiting the liability of defendant, and he is bound by…

1Opinion of the CourtBubuess, J.

This is an action by plaintiff against the defendant as common carrier for damages for the loss of household goods by fire by reason of the negligence of defendant while in transit over its road from Harrisonville to Independence, Missouri. Upon issue joined, by.consent of the parties plaintiff and defendant, John A. Sea was appointed referee to examine the account and make report. On the ninth day of March, 1891, the referee filed his report.

On March 11, 1891, defendant filed exceptions to the report of the referee as follows:

“Comes now defendant and makes the following exceptions and…

2Cases cited15 opinions

  1. State v. BrooksSupreme Court of Missouri · 1887
  2. State v. MarshallSupreme Court of Missouri · 1865
  3. State ex rel. Granville v. GregorySupreme Court of Missouri · 1884
  4. Welsh v. City of St. LouisSupreme Court of Missouri · 1880
  5. Cattell v. Dispatch Publishing Co.Supreme Court of Missouri · 1885

10 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Joiner v. GoldsmithSupreme Court of Oklahoma · 1910
  2. State v. MaySupreme Court of Missouri · 1897
  3. State v. HuntSupreme Court of Missouri · 1897
  4. State ex rel. Iba v. EllisonSupreme Court of Missouri · 1914
  5. City of St. Joseph v. RobisonSupreme Court of Missouri · 1894

15 more not listed; retrieve them via the Exa API.

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