Charnock v. Texas & Pacific Railway Co.
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. The facts are stated in the opinion of the court. In order to be binding; upon the shipper a contract limiting the common law liability of a carrier must be upheld by a valid consideration. Hutchinson on Carriers, § 278; Wehman v. Minneapolis &c. Co., 61 Am. & Eng.
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. The facts are stated in the opinion of the court. In order to be binding; upon the shipper a contract limiting the common law liability of a carrier must be upheld by a valid consideration. Hutchinson on Carriers, § 278; Wehman v. Minneapolis &c. Co., 61 Am. & Eng. R. Cases, 273. In Louisiana, where the consideration is denied, and the evidence leaves its existence or reality in doubt, the burden is on the carrier to prove the consideration. Mossop v. His Creditors, 41 La. Ann. 297. The validity, or effect of the exemption is…
1Opinion of the Court
Mr, Justice McI£enna
delivered the opinion of the court.
The. case was removed from the Civil District Court in and for the Parish of Orleans to. the United States Circuit Court for the Eastern District of Louisiana by' defendant, on the' ground that it was a corporation organized by an act of Congress of the United States.
The petition alleges that plaintiff delivered to defendant, at a point on the line of its railway called Meekers’ Switch, to be transported to New Orleans, fifty-two bales of ..cotton at a rate of freight then and there agreed upon and a bill of lading issued to plaintiff..…
2Cases cited1 opinion
- Roth v. HarksonSupreme Court of Louisiana · 1866
3Cited by27 opinions
- Cole v. . R. R.Supreme Court of North Carolina · 1937
- Canadian Northern Ry. Co. v. SenskeCourt of Appeals for the Eighth Circuit · 1912
- Southern Pac. Co. v. HetzerCourt of Appeals for the Eighth Circuit · 1905
- Chicago, Rock Island & Pacific Railroad Company, a Corporation v. George W. LintCourt of Appeals for the Eighth Circuit · 1954
- Shandrew v. Chicago, St. P., M. & O. Ry. Co.Court of Appeals for the Eighth Circuit · 1905
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