Meyers v. Wabash, St. L. & P. Ry. Co.

• Decision Date: 06 December 1886
• Citation: 2 S.W. 263,90 Mo. 98
• Parties: MEYERS and others v. WABASH, ST. L. & P. RY. CO.
• Court: Missouri Supreme Court

2 S.W. 263

90 Mo. 98

MEYERS and others v. WABASH, ST. L. & P. RY. CO.

Supreme Court of Missouri.

December 6, 1886.

CARRIERS — OF GOODS — LIMITATION OF LIABILITY BY CONTRACT — RAILROAD COMPANY TRANSPORTING GOODS AT OWNER'S RISK.

In an action against a railroad company to recover damages for the loss of sheep, caused by the negligence of defendant, where it appears that, in consideration of a reduction of freight rates, plaintiff agreed to take all risks of transportation, and to load and unload the sheep at his own expense and risk, and that the loss occurred by reason of the sheep being kept in the cars overnight after reaching their destination, held, that defendant is not liable, although the sheep were kept in the cars because defendant refused to furnish men to herd the sheep during the night, and the stock-pens were too small to hold them, when it further appears that defendant consented to ship the cars over a transfer track of another road to the stock-pens of such other road, so that plaintiff could unload the sheep there, if the plaintiff would get the consent of the officers of that road to the use of the track for that purpose, and, on plaintiff's failure to get such consent, offered to haul the cars up to its own stock-pens, so that plaintiff could unload the sheep there.

Appeal from circuit court, Scotland county.

Smoot & Pettingill, for respondents, Meyers and others. W. H. Blodgett, for appellant, Wabash, St. L. & P. Ry. Co.

NORTON, J.

This is an action to recover damages for loss of sheep, occasioned, as the petition alleges, by the negligence of defendant. Plaintiff obtained judgment for $187.50, from which defendant has appealed, and, among others, assigns as error the refusal of the court to sustain a demurrer to the evidence. It appears from the record before us that plaintiff shipped, under a special contract with defendant, 1,300 head of sheep from Memphis, in this state, to Moberly. By said contract defendant was only to transport said sheep to Moberly. A reduced rate of freight was given, and plaintiff and three men were transported on the train to take care of the sheep. In consideration of the reduced rate, plaintiffs agreed and undertook to load and unload the sheep at their own risk and expense, and also to assume all risk of injury to the sheep from crowding upon each other, and of all other injuries from any cause.

It appears that the sheep were loaded on the night of the sixteenth December, 1882, at Memphis, and left there the next morning, and arrived at Moberly on the night of the 17th, about 11 o'clock, the...