Nicholson v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from' Jackson Circuit Court. — Son. W. B: Teasdale, Judge. (1) Plaintiffs having had notice that the corn was in a stock car and having failed to object at the time are estopped from objecting now. (2) The plaintiffs are hound by the bill of lading which provides that plaintiffs shall take the risk arising from the corn being loaded in a stock car.
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Appeal from' Jackson Circuit Court. — Son. W. B: Teasdale, Judge. (1) Plaintiffs having had notice that the corn was in a stock car and having failed to object at the time are estopped from objecting now. (2) The plaintiffs are hound by the bill of lading which provides that plaintiffs shall take the risk arising from the corn being loaded in a stock car. (3) Defendant having contracted to carry tbis car1 only to the end of its own line and baying stipulated that it would not be liable beyond that point, is liable only for damages proved to have occurred on its own line. (4) The instructions…
1Opinion of the CourtBroaddus, P. J.
This is an action for damages, by the shippers against the carrier, to grain, occasioned by failure; it is alleged, of the carrier to provide a proper car for its transportation.
The article was shelled corn and was shipped from Kansas City, Missouri, to Mobile Alabama, February 24, 1903. On the 19th day of said month plaintiffs purchased the com from the Ernst-Davis Grain Company which was then in a car numbered 49307, on the defendant’s track. It had come from a point in Kansas to Olathe by another carrier, where it was transferred to defendant’s railroad and from thence to Kansas City.…
2Cases cited9 opinions
- Coupland v. Housatonic R. R. Co.Supreme Court of Connecticut · 1892
- Mason v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- Potts v. Wabash, St. Louis & Pacific Ry. Co.Missouri Court of Appeals · 1885
- Frohlich v. Pennsylvania Co.Michigan Supreme Court · 1904
- Paddock v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1895
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3Cited by5 opinions
- AJ Tebbe & Sons Company v. Brown ExpressTexas Supreme Court · 1960
- Rooney v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1926
- Fort Worth & D. C. Ry. Co. v. HuntCourt of Appeals of Texas · 1924
- AJ Tebbe & Sons Company v. Brown ExpressTexas Supreme Court · 1960
- Hammond Lead Products, Inc. v. Norfolk & Western Railway Co.Indiana Court of Appeals · 1983