Payne v. Bryan

The controlling question in this case is the amount and not plaintiff’s right of recovery. The action is for loss sustained by plaintiff because of damage to cattle transported by defendant .carrier for plaintiff from Tallahassee to Tampa. That there was injury to some of the cattle, resulting in loss to the shipper, is undisputed. The jury found the fact to be as alleged, that the injury resulted from defendant’s negligence.

The bill of lading under which the shipment moved contains the following paragraph:

1 ‘ The amount of any loss or damage for which any carrier is liable shall be computed…