Smith v. St. Louis Southwestern Ry. Co.

• Citation: 171 S.W. 635
• Decision Date: 12 December 1914
• Docket Number: No. 1259.,1259.
• Parties: SMITH et al. v. ST. LOUIS SOUTHWESTERN RY. CO.
• Court: Missouri Court of Appeals

171 S.W. 635

SMITH et al. v. ST. LOUIS SOUTHWESTERN RY. CO.

No. 1259.

Springfield Court of Appeals. Missouri.

December 12, 1914.

1. COMMERCE (§ 8) — INTERSTATE COMMERCE ACT — INTERSTATE SHIPMENTS.

An interstate shipment is governed by the Interstate Commerce Act and the construction placed thereon by the federal courts.

2. CARRIERS (§ 218) — CONTRACTS — STIPULATIONS — VALIDITY.

A stipulation, in a contract for interstate carriage of live stock, that, as a condition precedent to the collection of any damages for loss of or injury to the stock, the shipper shall give notice in writing within one day after delivery at destination is valid, and the shipper giving notice after the expiration of the time limit may not recover for damages caused by delay in transportation.

Appeal from Circuit Court, Dunklin County; W. S. C. Walker, Judge.

Action by W. E. Smith and others, composing the firm of Smith, McMillan & Co., against the St. Louis Southwestern Railway Company. From a judgment for plaintiffs, defendant appeals. Reversed.

Wammack & Welborn, of Bloomfield, and Sam H. West, of St. Louis, for appellant.

FARRINGTON, J.

The plaintiffs, a partnership, brought suit against the defendant railway company for damages occasioned by a delay in the shipment of a car load of hogs which were loaded and turned over to the railway company on January 7, 1913. The shipment was from Malden, Mo., and was consigned to the Dimmitt-Caudle Smith Commission Company of the National Stock Yards in the state of Illinois. The plaintiffs' evidence showed that the car was delayed on account of a defective drawhead, and that by reason thereof the plaintiffs were damaged on account of shrinkage in weight.

Plaintiffs admitted that the hogs were shipped under a contract with the defendant which contained the following provision:

"Tenth. That as a condition precedent to the collection of any damages, for any loss or injury to live stock covered by this contract, the shipper will give notice in writing of the claim therefor to some general officer or the nearest station agent of the carrier, or to the agent at destination, as the case may be, and, before such stock is mingled with other stock, such written notice to be served within one day after delivery of the stock at destination. The purpose of requiring this notice is to enable the carrier to investigate and settle such claims before suit is instituted, and no action for any such damages shall be brought or maintained unless the notice in writing mentioned in this paragraph be given within one...