Ford v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Minnesota
Action in the municipal court of Minneapolis to recover $295.75 for loss of personal effects delivered to defendant for transportation as passenger’s baggage. The amended answer set out tbe paragraphs from defendant’s schedule, filed with the Interstate Commerce Commission, which are quoted in the opinion.
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Action in the municipal court of Minneapolis to recover $295.75 for loss of personal effects delivered to defendant for transportation as passenger’s baggage. The amended answer set out tbe paragraphs from defendant’s schedule, filed with the Interstate Commerce Commission, which are quoted in the opinion. The answer further alleged that plaintiff, being aware of the rates and rules as set out, duly elected and agreed with defendant that the value of the baggage should not be deemed in excess of $100, and pursuant to such agreement plaintiff delivered it to defendant; and as a part of the…
1DissentHallam, J.
I cannot concur in the foregoing opinion.
It has been held in a long line of cases in this state that a common carrier may by contract limit the amount of its liability for negligent loss of goods shipped, but that in order to uphold such a contract it must appear that the value fixed was intended as a basis for determining the freight charges and the carrier’s responsibility, and that the contract was entered into in good faith. It was held that the language of the contract does not control, that it is valid only when entered into fairly and understanding^ for the purpose stated, and that the…
2Cases cited5 opinions
- Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
- Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
- O'Malley v. Great Northern Railway Co.Supreme Court of Minnesota · 1902
- Ostroot v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1910
- O'Connor v. Great Northern Railway Co.Supreme Court of Minnesota · 1912