Stevens v. St. Louis Southwestern Ry. Co.

On Motion for Rehearing.

[5] Renewing their contention that the provision in the contract covering the shipment requiring them within four months after the delivery of the cotton to present to the carrier in writing their claim for “loss, damage or delay” was void by force of the Carmack amendment, appellants say:

“It was very plainly held, we think, in the Harriman Case, the liability imposed upon the carrier by the Carmack amendment to the Hepburn act is the liability imposed by the common law upon a common carrier. The Carmack amendment provides that this liability shall not be limited by…