Legal Opinion

Kallman v. United States Express Co.

Supreme Court of Kansas

Decided February 15, 1865PublishedCited by 13 opinions

Error from Leavenworth County. This action arose in Leavenworth county District Court, was brought by the plaintiffs in error against the defendants in error, to recover the value ($592.53) of certain goods purchased by plaintiffs in error in Detroit, Mich., and shipped thence to Leavenworth with defendants in error.

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Error from Leavenworth County. This action arose in Leavenworth county District Court, was brought by the plaintiffs in error against the defendants in error, to recover the value ($592.53) of certain goods purchased by plaintiffs in error in Detroit, Mich., and shipped thence to Leavenworth with defendants in error. The evidence showed the goods to have been shipped in a trunk, which defendants below claimed they never knew the contents of, but delivered the same to the plaintiffs below at Leavenworth. The plaintiffs filed their petition July 21st, 1864. The answer was filed September 8th,…

1Opinion of the Court

*208 By the Court,

Safford, J.

Of the several questions raised by the record in this case, and argued with much industry by the counsel, a portion only will be considered by the court here, inasmuch as our determination, in accordance with our views of the law, will practically - dispose of the case.

The first is: can common carriers, engaged generally in the business of receiving and forwarding goods, wares, merchandise, moneys, &c., from one part of the country to another, for hire, so limit their liability by an express contract, or qualified acceptance of goods, &c., for carriage, as to be…

2Cases cited1 opinion

  1. New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848

3Cited by13 opinions

  1. McMillan v. Mich. S. & N. I. R. R.Michigan Supreme Court · 1867
  2. Mulligan v. Illinois Central Railway Co.Supreme Court of Iowa · 1873
  3. Shriver v. Sioux City & St. Paul RailroadSupreme Court of Minnesota · 1878
  4. Kansas Pacific Railway Co. v. ReynoldsSupreme Court of Kansas · 1871
  5. Kansas City, St. Joseph & Council Bluffs Railroad v. SimpsonSupreme Court of Kansas · 1883

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