Wyrick v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from the Pettis Circuit Court. — Hon. Geo. P. Longan, Judge. (1) This is a suit sounding in tort for a breach of defendant’s common law duty as a common carrier, and plaintiff made a prima facie case by proof of delivery for shipment, failure to redeliver at destination and the value of his stock. Clark v. R. R., 64 Mo. 446; Davis v. Jacksonville S. E. Line, 126 Mo. 69; George v. R. R., 57 Mo.
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Appeal from the Pettis Circuit Court. — Hon. Geo. P. Longan, Judge. (1) This is a suit sounding in tort for a breach of defendant’s common law duty as a common carrier, and plaintiff made a prima facie case by proof of delivery for shipment, failure to redeliver at destination and the value of his stock. Clark v. R. R., 64 Mo. 446; Davis v. Jacksonville S. E. Line, 126 Mo. 69; George v. R. R., 57 Mo. App. 363. However, defendant .may, as in this case, plead by' way of defense a special contract reasonably limiting its liability. Okey v. R. R., 65 Mo. 629, and cases cited. (2) And such…
1Opinion of the CourtSmith, P. J.
— This was an action ex delicto brought by plaintiff against defendant for a breach of the duties imposed upon it as a common carrier by the common *410law, in that plaintiff had intrusted to it at Green Ridge, in this state, four jacks which it undertook to deliver at Yinita, in the Indian Territory, and had failed to do so, to the damage of plaintiff in the sum of $2,000. The answer of the defendant, amongst other allegations, contained the following:
“Further answering, the defendant says that it had two rates for the shipment of live stock; that it had prepared, published and filed with the…
2Cases cited19 opinions
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Rice v. Kansas Pacific RailwaySupreme Court of Missouri · 1876
- Read v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1875
- Harvey v. Terre Haute & Indianapolis RailroadSupreme Court of Missouri · 1881
- St. Louis, Kansas City & Northern Railway Co. v. ClearySupreme Court of Missouri · 1883
14 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Wabash Railroad v. SloopSupreme Court of Missouri · 1906
- Mires v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908
- Smith v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1905
- Meyers v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1906
- Phoenix Powder Manufacturing Co. v. Wabash RailroadMissouri Court of Appeals · 1903
7 more not listed; retrieve them via the Exa API.