Murphy v. Export Steamship Corp.

Defendant seems to be of the belief that because the court sustained the validity of the clause in the bill of lading, placing a value on the cargo, and thus limiting the damages of plaintiff, each and every provision of it must be given effect. That is not true. While the clause may have been valid at the time the contract was entered into, a breach of the contract of carriage by the carrier may destroy the favorable provisions in its behalf (The Sarnia, 278 Fed. 459; St. Johns Corp. v. Companhia Geral, etc., 263 U. S. 119; McKahan v. American Express Co., 209 Mass. 270), and plaintiff may…