Lindenburg v. American Railway Express Co.
West Virginia Supreme Court
Error to Circuit Court, Kanawha County. Action by A. J. Lindenburg against the American Railway Express Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
POEEENBARGER, JUDGE:
The judgment here involved stands upon the theory of liability of the plaintiff in error, for full value of property entrusted to it for transportation from Indianapolis, Ind. to Charleston, W. Va., and lost in shipment, by reason of fail-mre on its part to comply with provisions of the federal statute, authorizing express companies to limit their liability, •on the.basis of declared or agreed value, and known as the ■“Second Cummins Amendment.” Barnes’ Fed. Code, sec. 7976. The issues of fact were tried by the court in lieu of a jury and the substance of the evidence was…
2Cases cited3 opinions
- Boston & Maine Railroad v. PiperSupreme Court of the United States · 1918
- American Express Co. v. United States Horse Shoe Co.Supreme Court of the United States · 1917
- McCormick v. Southern Express Co.West Virginia Supreme Court · 1917
3Cited by6 opinions
- American Railway Express Co. v. LindenburgSupreme Court of the United States · 1923
- Loeb v. Friedman's Express, Inc.Appellate Terms of the Supreme Court of New York · 1946
- Sands v. American Railway Express Co.Supreme Court of Minnesota · 1923
- American Railway Express Co. v. GaltMississippi Supreme Court · 1921
- Marec v. United States Steel Corp.District Court, N.D. Ohio · 1961
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