Kennedy v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Mason, J.:

In this case it was held that because the value of three horses shipped by rail was stated in the bill of lading to be $150 each, the shipper was precluded from asserting that they were worth more than that in an action for damages on account of their being injured in transit. In reversing the judgment the direction was given ‘To deduct therefrom all that was allowed in excess of $450 on account of the, injury to the horses.” A difference of opinion has arisen between the parties as to whether or not certain items of the' amount recovered are…