Legal Opinion

Southern Pacific Co. v. Haug

Nevada Supreme Court

Decided July 15, 1919No. 2365PublishedCited by 1 opinion

Appeal from Second Judicial District Court, Washoe County; George A. Bartlett, Judge. Action by É. J. Haug against the Southern Pacific Company. • Judgment for plaintiff, and defendant appeals. Coleman, C. J. dissenting.

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Appeal from Second Judicial District Court, Washoe County; George A. Bartlett, Judge. Action by É. J. Haug against the Southern Pacific Company. • Judgment for plaintiff, and defendant appeals. Coleman, C. J. dissenting. While a common carrier cannot by contract avoid its liability for negligence, its liability can be fixed and limited where, in view of a consideration such' as a lower freight rate, a valuation is placed by the shipper on the goods, such valuation being placed for the purpose of securing such lower rate. Hart v. Railroad, 112 U. S. 331; Donlon v. S. P. Co., 90 Pac. 603; 12…

1Opinion of the Court

By the Court,

Ducker, J.:

This is an appeal from a judgment in favor of the respondent for the sum of $2,365.90 for damages for the destruction of certain personal property, consisting of wedding presents, furniture, and other household goods, belonging to respondent.

The appellant is a railroad company and a common carrier. The said personal property was received by it at Reno, Nevada, for shipment to Mina, Nevada, en route to its final destination at Manhattan, Nevada. A collision occurred between two of the railroad company’s trains a short distance from Reno, and the car in which the said…

2Cases cited7 opinions

  1. Adams Express Company v. CroningerSupreme Court of the United States · 1912
  2. Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
  3. New York, Lake Erie & Western Railroad v. EstillSupreme Court of the United States · 1893
  4. Fell v. Union Pac. Ry. Co.Utah Supreme Court · 1907
  5. Saunders v. Southern Ry. Co.Court of Appeals for the Sixth Circuit · 1904

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3Cited by1 opinion

  1. Las Vegas - Tonopah - Reno Stage Line, Inc. v. BurlesonNevada Supreme Court · 1958

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