Merritt Creamery Co. v. Atchison, Topeka & Santa Fe Railway Co.
Missouri Court of Appeals
Appeal from Bucbanan Circuit Court. — Hon. Ohesley A. Mosmcm, Judge, (1) The defendant claims that this action is barred by reason of the Kansas statute which it has pleaded and section 4280, Mo. Ann. Stat. 1906. Defendant assumes that the cause of action originated in Kansas and that it is fully barred by the laws of said State. (2) This is an action ex delicto and not an action ex contractu.
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Appeal from Bucbanan Circuit Court. — Hon. Ohesley A. Mosmcm, Judge, (1) The defendant claims that this action is barred by reason of the Kansas statute which it has pleaded and section 4280, Mo. Ann. Stat. 1906. Defendant assumes that the cause of action originated in Kansas and that it is fully barred by the laws of said State. (2) This is an action ex delicto and not an action ex contractu. In order for defendant’s claim to be sound it would be necessary for the* court to hold that plaintiff is suing on a contract which was made in Kansas and that such suit would be fully barred if brought…
1Opinion of the CourtJohnson, J.
This suit was brought by a shipper against a common carrier to recover the value of a shipment of goods lost in transit. A jury being waived by agreement of parties, the court found in favor of defendant on the pleadings and admitted facts, and plaintiff brought the case here by appeal.
The cause of action pleaded in the petition is “that on or about the 26th day of May, 1903, the plaintiff delivered to the defendant for transportation from Great Bend, Kansas, to Boston, Massachusetts, and defendant accepted and undertook to transport twenty-five tubs of butter containing fifty pounds each,…
2Cases cited1 opinion
- Lamar Manufacturing Co. v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1906
3Cited by14 opinions
- Devine v. RookMissouri Court of Appeals · 1958
- Yontz v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1913
- Baker v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Wentworth Fruit Growers Ass'n v. American Railway Express Co.Missouri Court of Appeals · 1928
- Deierling v. Wabash RailroadMissouri Court of Appeals · 1912
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