Clubb v. Hetzel

I am unable to concur in the opinion in this case, which fell to my lot to write for the court.

The fundamental question is whether the shipper, having knowingly chosen, in writing, the cheaper transportation rate, based on a limited recovery in case of loss, may, after the loss has occurred, repudiate his written agreement and recover the full value to which the higher rate would have entitled him. That result should not be reached except for the most compelling reasons.

I find no ambiguity in appellee’s letter of July 7, 1946, quoted in the opinion. It seems perfectly clear to me that he…