Blackwell v. Alaska S. S. Co.

(after stating the facts as above). The demurrer nmst be sustained. ■ It could be sustained upon the-ground alone that the issue has been adjudicated- by Judge Cushman. I think, however, that the limitation of 10 days is unreasonable and against public policy. Liability may be limited or qualified by special contract, if just and reasonable, where it does not exempt loss due from negligence. Missouri, Kan. & Texas Ry. v. Harriman, 227 U. S. 657, 33 Sup. Ct. 397, 57 L. Ed. 690. In Gerin v. Chicago, Milwaukee & St. P. Ry. Co., 133 Minn. 395, 158 N. W. 630, the court held that a limitation of…