Henderson v. Kansas City Southern Ry. Co.
Supreme Court of Louisiana
Case Certified from Court of Appeal, Second Circuit. Action by W. K. Henderson against the Kansas City Southern Railway Company. Judgment for plaintiff was annulled on defendant’s appeal to the Court of Appeal, and judgment rendered for defendant. A rehearing was granted on plaintiff’s application, and questions certified to Supreme Court for instructions.
1Opinion of the CourtO’Niell, J.
The judges of the Court of Appeal, proceeding under article 101 of the Constitution, apply for instruction on the following question, viz.:
Have the federal statutes regulating interstate commerce, especially section 20 (24 Stat. at L. 386, c. 104), as amended by Act June 29, 1906, c. 3591, 34 Stat. at L. 584, 595, Comp. Stat. 1913, §§ 8563, 8592 (Comp. St. 1916 or 1918, §§ 8604a, 8604aa), known as the Carmack Amendment, superseded and abolished the rule of law or of evidence, heretofore prevailing in Louisiana and in most of the common-law states, that a delivering carrier of an interstate…
2Cases cited6 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Boston & Maine Railroad v. HookerSupreme Court of the United States · 1914
- Charleston & Western Carolina Railway Co. v. Varnville Furniture Co.Supreme Court of the United States · 1915
- Missouri, Kansas & Texas Railway Co. v. HarrisSupreme Court of the United States · 1914
- Duvall v. Louisiana Western R.Supreme Court of Louisiana · 1914
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3Cited by3 opinions
- Paul Klopstock & Co. v. United Fruit Co.Supreme Court of Louisiana · 1930
- Snowden v. Tremont & G. Ry. Co.Louisiana Court of Appeal · 1932
- Hall v. H. E. & W. T. Ry. Co.Louisiana Court of Appeal · 1928