Reports of Cases Argued and Determined in the Supreme Court of the State of Missouri (Volume 85) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886. Excerpt: ... a written contract entered into between the Missouri Pacific Rail-way Company and the defendant, the passenger trains of the latter were to be drawn over the road of the former between tho town of Pacific, defendant's eastern terminus, and the city of St. Louis; the Missouri Pacific company using its own locomotive and orew of same, and the defendant furnishing at its own expense all train men for the care and management of its trains, the manner of run-ning the latter and the control and acts of said train uien being-subject to the rules and regulations of the Missouri Pacific company while so running on its track. Held, there could be no recovery against defendant for the death of a passenger caused by the failure of the train to stop long enough for the deceased to alight at his destination and while the train was being operated between St. Louis and Pacific, the deceased having purchased his ticket from the Missouri Pacific company, and for transportation between St. Louis and the town of Webster, where the accident occurred. (Black and Norton, JJ., dissenting). Smith v. The St. Louis & San Francisco Ry. Co., 418. 0.: . Under the contract between the two companies, the train by which the deceased was killed cannot be regarded as defendant's train in such a sense as to make it liable for the accident. Ib. 10. Wagering Contracts, What Akb. Where in a contract for the sale of wheat, it is the mutual understanding and intention of the par-ties that the transaction shall be closed by a settlement of differ-ences in the value of the article sold according to the fluctuations of the market and not by its delivery, such contract is one of wager and is void 38 being against public policy. Cockrell. v. Thomp-son, 510. 11.. Where, however, it does not appear that..