Jones v. St. Louis & S. F. R. Co.

• Decision Date: 12 December 1905
• Citation: 91 S.W. 158,115 Mo. App. 232
• Parties: JONES v. ST. LOUIS & S. F. R. CO.
• Court: Missouri Court of Appeals

91 S.W. 158

115 Mo. App. 232

JONES v. ST. LOUIS & S. F. R. CO.

St. Louis Court of Appeals. Missouri.

December 12, 1905.

1. CARRIERS—LIVE STOCK—CONNECTING CARRIERS —LOSS—PRESUMPTIONS.

Where hogs were lost in transit, it would be presumed, in the absence of proof to the contrary, that they escaped while in the hands of the last connecting carrier.

2. SAME—TRANSPORTATION FACILITIES—FAILURE TO FURNISH.

Where an initial carrier failed to furnish a safe and sufficient car for the transportation of hogs, by reason of which the hogs escaped, such carrier was liable, though the hogs escaped beyond the terminus of its line, to which its liability was limited by the shipping contract.

3. SAME — LIMITATION OF LIABILITY—NEGLIGENCE —PUBLIC POLICY.

A provision in a carrier's contract that it should not be liable for its own negligence was contrary to public policy and void.

Appeal from St. Louis Circuit Court; O'Neill Ryan, Judge.

Action by Jesse B. Jones against the St. Louis & San Francisco Railroad Company. From a judgment in favor of defendant, plaintiff appeals. Reversed.

Virgil Rule and J. D. Hostetter, for appellant. John G. Egan, for respondent.

BLAND, P. J.

On June 14, 1903, plaintiff delivered to defendant railroad company, at its station at Winona, Mo., 154 hogs to be carried by rail to Frankford, Mo. The hogs made a carload, and it was agreed that they should be transported to their place of destination for $57, to be paid by plaintiff on the arrival of the car at Frankford. The terminus of defendant's line was at St. Louis, at which point the car was delivered to the Wabash Railroad Company and by it hauled to Gilmore, Mo., and there delivered to the St. Louis & Hannibal Railroad Company, by which company the car was hauled to its destination. When the car arrived at Frankford, 11 of the hogs were missing. On examination of the car, it was found that there had been a door in one end which had been removed, and the open space closed by nailing boards or slats over the opening, from the inside of the car. The lower ends of the posts to which the boards were nailed were decayed, and the lower board, which was six inches wide, had fallen off, leaving an opening large enough for the hogs to escape from the car, and the supposition is that the 11 missing hogs got out of the car through this opening. The suit is for the value of the lost hogs. The issues were tried to the court, without a jury, who refused all the plaintiff's instructions and found the issues for the defendant. Plaintiff appealed.

There is no evidence showing at what point on the road the hogs escaped from the car. They were all in the car at Springfield, Mo. On its arrival at St. Louis, the car was inspected and found in order, but the hogs were not counted. In the absence of proof to the contrary, the presumption is that the hogs escaped while in the hands of the St. Louis & Hannibal Railroad Company, the last carrier. Hutchinson on Carriers, § 761. Notwithstanding this presumption, the plaintiff contends that defendant was bound to furnish a good and sufficient car, and, if it failed to perform this duty and the hogs escaped, beyond the terminus of its line, by reason of defects in the car, it is nevertheless liable, even though the contract of shipment...