Wilcox v. Chicago Great Western Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — No». Henry L. McCune, Judge. (1) The contract of shipment itself recites that the given rate is in consideration of an agreed valuation and that there is a different and higher rate where no valuation is given. Such is a legal contract and where signed, as in this instance by the parties, is prima facie evidence of the truth .of the statements therein.
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Appeal from Jackson Circuit Court. — No». Henry L. McCune, Judge. (1) The contract of shipment itself recites that the given rate is in consideration of an agreed valuation and that there is a different and higher rate where no valuation is given. Such is a legal contract and where signed, as in this instance by the parties, is prima facie evidence of the truth .of the statements therein. Hancock v. Railway, 111 S. W. 519; Cable Co. v. Rothgaber, 113 N. W. 88; Railway v. Greer, 58 S. E. 782. (2) Nor does it follow that because the rate charged in a given contract is the same rate charged…
1Opinion of the CourtEllison, J.
Plaintiff shipped a number oí mules to Kansas City, Missouri, over defendant’s railway. One of these was killed, through defendant’s negligence, and he brought this action for damages in the sum of one hundred and eighty-five dollars, for which he recovered judgment in the trial court.
The defendant relied upon a special written contract of shipment wherein it claims that, in consideration of a reduced rate of freight, the mule was valued at $100, and that it was agreed that in case of loss the defendant should not be liable for a greater amount than that sum. The provisions of this contract…
2Cases cited4 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Harvey v. Terre Haute & Indianapolis RailroadSupreme Court of Missouri · 1881
- Hancock v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1908
3Cited by1 opinion
- State v. BushMissouri Court of Appeals · 1909