Thompson v. Chicago & Alton Railroad
Missouri Court of Appeals
Error to Jackson Circuit Court, Hon. F. M. Blaok, Judge. The case is stated in the opinion. I. This limitation of the time for commencing suits for damages occasioned by the negligence of a carrier is unjust, unreasonable, and against public policy. Carriers cannot by contract limiting their common law liability — which they can do — exempt themselves from damages resulting from their own negligence.
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Error to Jackson Circuit Court, Hon. F. M. Blaok, Judge. The case is stated in the opinion. I. This limitation of the time for commencing suits for damages occasioned by the negligence of a carrier is unjust, unreasonable, and against public policy. Carriers cannot by contract limiting their common law liability — which they can do — exempt themselves from damages resulting from their own negligence. Read v. Railroad, 60 Mo. 199; Rice v. railroad, 63 Mo. 314; sect. 598, Rev. Stat. All limitations of liability must be reasonable and just. Ry. Co. v. Lockwood, 17 Wall. 357; Bank of Kentucky v.…
1Opinion of the CourtEllison, J.
This is an action for damages sustained by plaintiff in the shipment of a lot of cattle.
The petition alleges “that, on the third day of April, 1883, at or about seven o’clock, p. m., of said day, he delivered to said defendant, already loaded into cars and in good condition for transportation, at Kansas City, Missouri, eleven cars of beef cattle, numbering in the aggregate one hundred and eighty-four head, and two cars of sheep, numbering about two hundred head, which the said defendant received and, by its agents and servants, then and there agreed, for a valuable consideration paid by said…
Also in this document: Concurrence.
2Cases cited4 opinions
- Brown v. Wabash, St. Louis & Pacific R'y. Co.Missouri Court of Appeals · 1885
- Dawson v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Heimann v. Western Union Telegraph Co.Wisconsin Supreme Court · 1883
- Massengale v. Western Union Telegraph Co.Missouri Court of Appeals · 1885
3Cited by14 opinions
- Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
- Bradley v. Phœnix InsuranceMissouri Court of Appeals · 1887
- Beck v. General Insurance Co. of AmericaOregon Supreme Court · 1933
- Grigsby v. German InsuranceMissouri Court of Appeals · 1890
- Johnson Grain Co. v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1914
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