Fallgren v. Railway Express Agency

The plaintiff has declared upon a special contract that the defendant would “deliver on time” the shipment to Gaines-ville, Georgia. The declaration alleges that this agreement “was evidenced by” the uniform express receipt. The receipt however fails to bear out the plaintiff’s allegations. Under its terms the shipment was subject to the defendant’s official express classification No. 33 (I.C.C. No. 4500). This provides by rule 7, “Conditions of Delivery, (a) Agreement as to time of delivery of express matter must not be made unless provision for such agreement is contained in lawfully…