Legal Opinion

Missouri, K. & T. Ry. Co. v. McLaughlin

Supreme Court of Oklahoma

Decided July 11, 1911No. 923PublishedCited by 4 opinions

Error from District Court, Mayes County; T. L. Brown, Judge. Action by A. T. McLaughlin and Tampa McLaughlin against the Missouri, Kansas & Texas Railway Company. Judgment for plaintiffs, and defendant brings error.

1Opinion of the CourtKane, J.

This was an action for damages for the loss of a shipment of household goods, shipped from Kearney, Neb., to Pryor Creek, Ind. T., prior' to statehood. The action was commenced by the defendants in error, plaintiffs below, against the plaintiff in error, defendant below, and the petition was drafted upon the theory that the defendant’s liability must be measured by the rule applicable to carriers at common law.

The answer, among other defenses, alleged, in substance, that the shipment of household goods was made under the terms of a written contract of shipment, wherein it.is provided that, in…

2Cases cited3 opinions

  1. Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
  2. Chicago, R. I. & P. Ry. Co. v. WehrmanSupreme Court of Oklahoma · 1909
  3. Missouri, K. & T. Ry. Co. v. PatrickCourt of Appeals for the Eighth Circuit · 1906

3Cited by4 opinions

  1. Chicago, R. I. & P. Ry. Co. v. ConwaySupreme Court of Oklahoma · 1912
  2. Wilcox v. WilcoxSupreme Court of Oklahoma · 1947
  3. Atchison, T. & S. F. Ry. Co. v. JohnsonSupreme Court of Oklahoma · 1911
  4. St. Louis S. F. R. Co. v. RinkleSupreme Court of Oklahoma · 1913

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