Homer v. Oregon Short Line Railroad
Utah Supreme Court
Appeal from District Court, Third District; Hon. T. D. Lewis, Judge. Action, by Charlotte A. TIomer against the Oregon Short Line Railroad Company. Judgment for plaintiff. Defendant appeals. APPELLANT^ POINTS.
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Appeal from District Court, Third District; Hon. T. D. Lewis, Judge. Action, by Charlotte A. TIomer against the Oregon Short Line Railroad Company. Judgment for plaintiff. Defendant appeals. APPELLANT^ POINTS. A common carrier, in the absence of statutory regulation to the contrary, may by an express contract which is just and reasonable and fairly entered, into with the shipper, limit its common law liability for the loss of or damage to property consigned 'to it for transportation. (Benson v. O. S. L. JR. JR. Oo., 35 Utah, 24,-Pac.-; Larson v. O. S. L. B. B. Oo., 38 Utah, 130,-Pac. -;…
1Opinion of the CourtFrick, C. J.
This action was brought by respondent as a passenger' to' recover damages for baggage lost by appellant as a common carrier. Respondent, in her complaint, after stating that appellant was a coiporation and a common carrier of passengers, in substance alleged that on the Í5th day of March, 1910, she purchased from appellant at Salt Lake City, Utah, *22for the sum of sixty-one dollars, a ticket entitling ber to be carried as a passenger, with her baggage consisting of a trunk and contents, from Salt Lake City, Utah, to Los Angeles, 'Cal., and return; that appellant issued to respondent a check for…
2Cases cited15 opinions
- Galveston, Harrisburg & San Antonio Railway Co. v. WallaceSupreme Court of the United States · 1912
- Robinson v. Baltimore & Ohio RailroadSupreme Court of the United States · 1912
- Pennsylvania R. Co. v. HughesSupreme Court of the United States · 1903
- Railroad Co. v. FraloffSupreme Court of the United States · 1879
- Galveston, Harrisburg & San Antonio Railway Co. v. F. A. Piper Co.Court of Appeals of Texas · 1908
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3Cited by3 opinions
- Kinsman v. Utah Gas & Coke Co.Utah Supreme Court · 1918
- O'Neill v. Mutual Life Ins. Co. of New YorkUtah Supreme Court · 1918
- Shay v. Union Pacific R.Utah Supreme Court · 1915