Missouri, K. & T. Ry. Co. v. Davis
Supreme Court of Oklahoma
Error from District Court, Pontotoc County; A. T. West, Judge. Action by J. W. Davis against the Missouri, Kansas & Texas Railway Company. Judgment ior plaintiff, and defendant brings error.
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Error from District Court, Pontotoc County; A. T. West, Judge. Action by J. W. Davis against the Missouri, Kansas & Texas Railway Company. Judgment ior plaintiff, and defendant brings error. This action was originally instituted in the United States Court for the Southern District of the Indian Territory at Ada on July 2, 1907. Defendant in error, plaintiff below, by his petition seeks to recover the sum of $640 damages claimed to have been sustained by him by reason of the negligence of plaintiff in error, defendant below, in transporting a car of mules from Eest St. Louis, 111., over its…
1Opinion of the CourtHayes, J.
(after stating the facts as above). The contract of affreightment under which the mules were shipped contains the following stipulation: 1
"The shipper further expressly agrees that as a condition precedent to his right to recover any damages for any loss or injury to said live stock resulting from carrier’s negligence, as aforesaid, including delays, lie will give notice'in writng to the conductor in chai;ge of the train or the nearest station or freight agent of the carrier on whose line the injuries occur before said cars leave that carrier’s line, or before the live stock are mingled with…
2Cases cited18 opinions
- Insurance Co. v. RailroadSupreme Court of North Carolina · 1905
- Donovan v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
- Gulf, Colorado & Santa Fe Railway Co. v. TrawickTexas Supreme Court · 1887
- St. Paul Fire & Marine Ins. v. Mountain Park Stock Farm Co.Supreme Court of Oklahoma · 1909
- Goggin v. Kansas Pacific Railway Co.Supreme Court of Kansas · 1874
13 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Chicago, R. I. & P. Ry. Co. v. SpearsSupreme Court of Oklahoma · 1912
- St. Louis S. F. R. Co. v. ZickafooseSupreme Court of Oklahoma · 1913
- Pacific Mut. Life Ins. Co. of Cal. v. O'NeilSupreme Court of Oklahoma · 1913
- Muskogee Electric Traction Co. v. McIntireSupreme Court of Oklahoma · 1913
- Missouri, K. & T. Ry. Co. v. WalkerSupreme Court of Oklahoma · 1911
17 more not listed; retrieve them via the Exa API.