Hart v. Pennsylvania Railroad
Supreme Court of the United States
IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE ' EASTERN DISTRICT OF MISSOURI. Lawrence Hart brought this suit in a State court in Missouri, against the Pennsylvania Railroad Company, to recover damages from it, as a common carrier, for the breach of a contract to transport, from Jersey City to St. Louis, five horses and other property.
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IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE ' EASTERN DISTRICT OF MISSOURI. Lawrence Hart brought this suit in a State court in Missouri, against the Pennsylvania Railroad Company, to recover damages from it, as a common carrier, for the breach of a contract to transport, from Jersey City to St. Louis, five horses and other property. The petition alleges that, by the negligence of the defendant, one of the horses was killed and the others were injured, and the other property was destroyed, and claims damages to the amount of $19,800. After an answer and a reply, the plaintiff…
1Opinion of the CourtJustice Blatchford
He stated the facts in the foregoing language, and continued:
It is contended for the plaintiff that the bill of lading does not purport to limit the liability of - the defendant to the amounts stated in it, in the event of loss through the negligence of the defendant. But we are of opinion that the contract is not susceptible of that construction. The defendant receives the property for transportation on the terms and conditions expressed, which the plaintiff accepts “ as just and reasonable.” The first paragraph of the contract is that the plaintiff is to pay the rate of freight expressed, “…
2Cases cited21 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Express Co. v. CaldwellSupreme Court of the United States · 1875
- Railroad Co. v. FraloffSupreme Court of the United States · 1879
- Bank of Kentucky v. Adams Express Co.Supreme Court of the United States · 1876
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3Cited by457 opinions
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- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
- Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
- Boston & Maine Railroad v. HookerSupreme Court of the United States · 1914
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