Missouri, Kansas & Texas Railway Co. v. Kirkham

Citations

• 63 Kan. 255
• 65 P. 261
• 1901 Kan. LEXIS 129

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroad — Live-stock Contract — Provisions as to Notice of Injuries and Waiver of Notice Held Seasonable and Binding. Where, in a special live-stock contract for tbe shipment of cattle, the shipper expressly agrees, as a condition precedent to his right of recovery for damages growing out of such shipment, that “he will give notice in writing to the conductor in charge of the train, or the nearest station- or freight-agent of the carrier on whose line the injuries occur, before said cars leave that carrier’s line, or before the cattle are mingled with other cattle, or removed from pens at destination,” such stipulation, fairly entered into by both parties, is reasonable and binding on the parties; and where it is further provided in such contract that “ no agent of this company has any authority to waive, modify or amend any of the provisions of this contract,” it is error to instruct the jury that notice different from that provided in the contract is sufficient, the instruction being based upon the waiver of such written notice by the acts or knowledge of the agent of the company.</p>