Enderstein v. Atchison, T. & S. F. Ry. Co.
New Mexico Supreme Court
Appeal from District Court, Valencia County; Colin Neblett, Judge. Action by Hilda Enderstein against the Atchison, Topeka and Santa Fé Eailway Company. From a judgment for defendant, plaintiff appeals.
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Appeal from District Court, Valencia County; Colin Neblett, Judge. Action by Hilda Enderstein against the Atchison, Topeka and Santa Fé Eailway Company. From a judgment for defendant, plaintiff appeals. Agent could not delegate power to sub-agent to bind principal by contracting with company to limit its liability. 1 A. & E- Ene., L. 972; 31 Cyc. 1425; 2 C. J. 685, 663-664; St. L., etc., E. Co. v. Blocker, 138 S. W. 156; Ohio, etc., E. Co. v. Hamlin, 42 111. App. 441; Buckland v. Adams Exp- Co., 97 Mass. 124, 93 Am. Dec. 62; Judson y. Western E. E. Corp., 83 Am. Dec. 649. An infant cannot…
1Opinion of the Court
OPINION OP THE COURT.
PARKER, J.
The appellant brought suit on the contract of carriage, to-wit, a bill of lading for $672.90 damages for the loss of a trunk forwarded by freight from Belen,' N. M., to Santa Barbara, Cal., in' December, 1913. Prom a judgment for $26 in favor of appellant, this appeal' is taken by her.
The bill of lading contained the notation “Val. Eel. to Val. $10 per cwt.” The shipment was a trunk, crated, and the trunk and contents were destroyed by fire before reaching destination. The shipment was sent collect and the charges thereon were never paid. The weight of the…
2Cases cited5 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
- Bernard v. Adams Express Co.Massachusetts Supreme Judicial Court · 1910
- Missouri, K. & T. Ry. Co. v. WalstonSupreme Court of Oklahoma · 1913
- Radcliffe v. ChavesNew Mexico Supreme Court · 1910
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- Murchison v. Allied Van Lines, Inc.New Mexico Supreme Court · 1964