American Central Insurance v. Chicago & Alton Railway Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. C. L. Dobson, Judge. (1) The contract between the defendant and John M. Woodson, which was assigned to Bridges, offered in evidence by defendant, is against public policy and void. It is an attempt of the defendant, by the contract, to exempt itself from liability, for loss caused by fire even though the negligence of defendant caused the fire. It can not so exempt itself. Leonard v. R. R., 54 Mo. App. 293; Ueorgev. R’y, 57 Mo.
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Appeal from the Jackson Circuit Court. — Hon. C. L. Dobson, Judge. (1) The contract between the defendant and John M. Woodson, which was assigned to Bridges, offered in evidence by defendant, is against public policy and void. It is an attempt of the defendant, by the contract, to exempt itself from liability, for loss caused by fire even though the negligence of defendant caused the fire. It can not so exempt itself. Leonard v. R. R., 54 Mo. App. 293; Ueorgev. R’y, 57 Mo. App. 358; Walker Bros. v. R’y, 68 Mo. App. 465; Witting v. R. R., 101 Mo. 631; Otis Oo. v. R. R., 112 Mo. 622; Reed v.…
1Opinion of the CourtSmith, P. J.
statement. — It is disclosed by the record before us that on the twenty-third day of May, 1894, one John M. Woodson was the owner of an elevator and warehouse situate on the defendant’s right of way at the station of Norton, in this state. Said elevator and warehouse were placed on defendant’s right of way by Woodson *93under a contract entered into between the defendant and himself, which is as follows, to wit:
“This agreement made and entered into this eighteenth day of March, 1880, by and between the Chicago & Alton Railroad Company, party of the first part, and John M. Woodson, of St. Louis,…
2Cases cited22 opinions
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- Express Co. v. CaldwellSupreme Court of the United States · 1875
- York Company v. Central RailroadSupreme Court of the United States · 1866
- Olcott v. BynumSupreme Court of the United States · 1873
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
17 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Missouri, Kansas & Texas Railway Co. v. W. T. Carter & BrotherTexas Supreme Court · 1902
- Sinclair Refining Co. v. StevensCourt of Appeals for the Eighth Circuit · 1941
- Slocumb v. Raleigh, Charlotte & Southern RailroadSupreme Court of North Carolina · 1914
- Manchester Marble Co. v. Rutland RailroadSupreme Court of Vermont · 1927
- Ordelheide v. Wabash RailroadSupreme Court of Missouri · 1903
4 more not listed; retrieve them via the Exa API.