Hart v. Pennsylvania R.
U.S. Circuit Court for the District of Eastern Missouri
Plaintiff shipped five valuable race-horses, some saddles, etc., on a car of defendant, for transportation from Jersey Gity, New Jersey, to St. Louis, Missouri.
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Plaintiff shipped five valuable race-horses, some saddles, etc., on a car of defendant, for transportation from Jersey Gity, New Jersey, to St. Louis, Missouri. The bill of lading received by him contained the following printed condition, viz.: “That tlie carrier assumes a liability on tbe stock to the extent of the following agreed valuation: If horses, * * * not exceeding $200 each; * * * if a chartered car, on the stock and contents in same, nob exceeding $1,200 for the car load.” The bill of lading was signed by both plaintiff and defendant. The horses were not shipped in a chartered car.…
1Opinion of the Court
McCrary, C. J.,
in ruling upon the objection, said: “The question raised as to the construction of this bill of lading we have considered as well as we could, in the very brief time we had for the purpose. It is a question of considerable importance, and it is to be regretted that we have not had more opportunity for its examination. The doctrine, of course, is well settled, in the federal courts at least, that a common carrier cannot relieve himself from the consequences of his own fraud by any stipulation inserted in the bill of lading; and I think I may go further, and say that it is very…
2Cited by2 opinions
- Primrose v. Western Union Telegraph Co.Supreme Court of the United States · 1894
- Graves v. Lake Shore & Michigan Southern RailroadMassachusetts Supreme Judicial Court · 1884