Clubb v. Hetzel

The opinion of the court was delivered by

Hoch, J.:

This was an action by a shipper to recover for the loss of household goods and other property destroyed by fire while being *595transported in interstate movement by a common carrier by motor vehicle. A jury was waived and the case tried to the court. The controlling question in the trial court and upon this appeal is whether under the facts and circumstances shown, the carrier was liable under the common law or under a contractual limited liability provided for by federal law and the rules of the interstate commerce commission.

At the opening of…