187 Mo. App. 56 | Mo. Ct. App. | 1915
Plaintiff sued for damages caused by alleged negligent delay, in the shipment of certain live stock. The amended petition alleged that the shipment was from Reo, in Vernon county, Missouri, to Kansas City, Missouri. The shipping contract read “from Reo, Mo., station on the company’s road, consigned to Woods-Egan Com. Co. at Kansas City.”
But the trial court, on motion of plaintiff, struck out of defendant’s, answer all that part thereof setting up the interstate character of the shipment and the defenses pleaded as applicable thereto. At the trial the defendant, notwithstanding the action of the trial court in striking out this portion of the answer, offered to prove that the shipment was interstate and that there were two rates in full force and effect, but the offer was rejected. Judgment was rendered for the full amount sued for and defendant appealed.
If the shipment in question was interstate in character, then the contract is governed by and must be
It is urged that the shipping contract provides only for a shipment exclusively in Missouri, but the contract reads from Reo in Missouri to the Consignee at Kansas City, and does not say whether that is in Kansas or Missouri. Even if we may infer that it meant Kansas City, Missouri, yet in United States v. Union Stock Yard, 226 U. S. 286, l. c. 304, it is said, “It is the character of the service rendered, not the manner in which the goods are billed, which determines the interstate character of the service.” [See also Southern Pac. Term. Co. v. Interstate Com. Com., 219 U. S. 498; Ohio R. Com. v. Worthington, 225 U. S. 101.]
If the shipment was interstate, then the provisions in the contract hereinabove mentioned as having been set out in the answer, are, when proved and established, valid defenses to the action. It is so held by the Federal decisions. An interstate shipment is controlled by the provisions of the Interstate Commerce Act and its amendments'. And the construction placed thereon by the United States Supreme Court supersedes all State legislation and decisions upon the subject. [Adams Express Co. v. Croninger, 226 U. S. 491; Chicago etc. R. Co. v. Miller, 226 U. S. 513; Kansas City Southern Ry. Co. v. Carl, 227 U. S. 639; Chicago, etc. R. Co. v. Latta, 226 U. S. 519; Missouri etc., R. Co. v. Harriman, 227 U. S. 657.]
The judgment must be reversed and the cause remanded so that the issue raised by defendant’s answer1 may be heard and the question determined whether the shipment was interstate or not and, if so, then the special defenses pleaded are to be applied in accordance with that state of facts and the decisions' applicable thereto. So ordered.