Wells, Fargo & Co. v. Neiman-Marcus Co.
Supreme Court of the United States
ERROR TO THE COURT OF CIVIL APPEALS FOR THE FIFTH . SUPREME JUDICIAL DISTRICT OF THE STATE OF TEXAS. The facts, which involve the liability of. an express company on goods of undeclared value and also the construction of the Carmack Amendment, are stated in the opinion. * The case was tried? below on the theory of a breach of contract and must therefore be determined in this court on the same theory.
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ERROR TO THE COURT OF CIVIL APPEALS FOR THE FIFTH . SUPREME JUDICIAL DISTRICT OF THE STATE OF TEXAS. The facts, which involve the liability of. an express company on goods of undeclared value and also the construction of the Carmack Amendment, are stated in the opinion. * The case was tried? below on the theory of a breach of contract and must therefore be determined in this court on the same theory. Having elected to.try. the case on one theory, a litigant is restricted to the same theory on appeal. Tex. &. Pac. Ry. Co. v. Abilene Oil Co., 204 U. S. 420. , The contract upon which plaintiff…
1Opinion of the CourtJustice Lurton
Action by a shipper against an express company to recover for the loss of a package of. furs shipped from New York to Dallas, Texas, and never delivered.
The receipt executed by the express company contained a clause exempting it from loss or damage not due to its fraud or negligence, and providing that it should in no event be held liable “beyond the sum of fifty dollars, at not exceeding which sum said property is hereby valued, unless a different value is hereinabove stated.” No different value was declared. The package weighed seven pounds. It contained furs enclosed in a paper box which…
2Cases cited2 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
3Cited by44 opinions
- Boston & Maine Railroad v. HookerSupreme Court of the United States · 1914
- Missouri, Kansas & Texas Railway Co. v. HarrisSupreme Court of the United States · 1914
- New York, Philadelphia & Norfolk Railroad v. Peninsula Produce ExchangeSupreme Court of the United States · 1916
- Southern Express Co. v. ByersSupreme Court of the United States · 1916
- Boston & Maine Railroad v. PiperSupreme Court of the United States · 1918
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