Chickasaw Cooperage Co. v. Yazoo & Mississippi Valley Railroad
Supreme Court of Arkansas
Appeal from Phillips Circuit Court; J. M. Jackson, Judge; 1. • The provision in the bill of lading that when goods are received on private or other sidings, they shall be at the owner’s risk until the car is attached to a train, is of no effect under the Cummins Amendment to Interstate Commerce Act. 38 U. S. Stat. at L., pp. 1196-7. This amendment does not prohibit contracts limiting the liability of the carrier for loss or injury fo an amount not greater than that…
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Appeal from Phillips Circuit Court; J. M. Jackson, Judge; 1. • The provision in the bill of lading that when goods are received on private or other sidings, they shall be at the owner’s risk until the car is attached to a train, is of no effect under the Cummins Amendment to Interstate Commerce Act. 38 U. S. Stat. at L., pp. 1196-7. This amendment does not prohibit contracts limiting the liability of the carrier for loss or injury fo an amount not greater than that designated in the contract and it has had a far-reaching effect on the right of carriers to limit their liability on interstate…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is first earnestly insisted by counsel for the plaintiff that the provision in the bill of lading that when goods are received on private or other sidings they shall be at the owner’s risk until the car is attached to a train, is of no effect under the Cummins amendment to the Interstate Commerce Act, which was approved March 4, 1915.
(1-2) Ye think counsel are mistaken in this contention. The only effect of the Cummins act was to prevent common carriers from limiting their liability as to the amount to be recovered when goods are lost or destroyed in…
2Cases cited2 opinions
- Bainbridge Grocery Co. v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. JonesSupreme Court of Arkansas · 1910
3Cited by1 opinion
- St. Louis-San Francisco Railway Co. v. Lee Wilson & Co.Supreme Court of Arkansas · 1947