Adams Express Company v. Croninger
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF KENTON COUNTY, STATE OF KENTUCKY. This was an action in the. Circuit Court of Kenton County, Kentucky, against, the Express' Company to recover the full market value of a small package containing a diamond ring which was delivered by the plaintiff below to the Express Company at its office in' Cincinnati, Ohio, consigned to J. W. Clendennirig at Augusta, Georgia. The package was never delivered. . The Express Company made .defense by answer.
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ERROR TO THE CIRCUIT COURT OF KENTON COUNTY, STATE OF KENTUCKY. This was an action in the. Circuit Court of Kenton County, Kentucky, against, the Express' Company to recover the full market value of a small package containing a diamond ring which was delivered by the plaintiff below to the Express Company at its office in' Cincinnati, Ohio, consigned to J. W. Clendennirig at Augusta, Georgia. The package was never delivered. . The Express Company made .defense by answer. The plaintiff demurred to the answer as not containing a defense, which demurrer was sustained. The company declined to…
1Opinion of the CourtJustice Lurton
The answer relies upon the act of Congress of June 29, 1906, being an act to amend the Interstate Commerce Act of 1887, as the only regulation applicable to an interstate shipment; and avers that the limitation of value, declared in its bill of lading, was valid and obligatory under that act. This defense was denied. This constitutes the Federal qúestión and gives this court jurisdiction.
Under the law .of Kentucky this contract, limiting the plaintiff’s recovery to the agreed or declared value, was invalid, and the shipper was entitled to recover the actual value, “unless,” as said in Adams…
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