Baltimore & Ohio Railroad v. Brady
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany County. On the 15th of January, 1866, the appellant received at Brady’s Mills, to be transported over its road to Baltimore, certain cattle, the property of the appellee. A number of the cattle were killed on the route, and others were injured. This suit was brought by the appellee to recover damages for the loss and injury.
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Appeal from the Circuit Court for Allegany County. On the 15th of January, 1866, the appellant received at Brady’s Mills, to be transported over its road to Baltimore, certain cattle, the property of the appellee. A number of the cattle were killed on the route, and others were injured. This suit was brought by the appellee to recover damages for the loss and injury. The appellant offered in evidence a printed tariff 'of special rates, under which it assumed no responsibility for loss, damage or delay to stock. This tariff contained the condition that the rates therein specified were to be…
1Opinion of the CourtBrent, J.
There is no doubt that a common carrier, by an express contract with his employer, may limit his ordinary responsibilities. Where indemnity from loss is claimed by virtue of such a contract, the burden of proof to establish it is upon the carrier.
In this case, a special contract was attempted to be set up by showing, that the appellee paid for the transportation of his stock at a tariff of charges under which, by the printed table, the company assumed no responsibility for loss, damage or delay of stock. This alone was not sufficient. It was necessary to show that the owner of the cattle had…
2Cited by8 opinions
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- Atlantic Coast Line Railroad v. CoachmanSupreme Court of Florida · 1910
- Philadelphia, Wilmington & Baltimore Railroad v. LehmanCourt of Appeals of Maryland · 1881
- Maslin v. B. & O. R. R.West Virginia Supreme Court · 1878
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