Zouch v. Ches. & Ohio R'y Co.
West Virginia Supreme Court
English, J., makes the following statement of the facts of the case: On the 16th day of June, 1890, H. J. Zouch brought an action of trespass on the case in the Circuit Court of Cabell county against the Chesapeake & Ohio Railway Company, claiming one hundred and seventy five dollars damages by reason of the loss of a certain horse which was delivered to the defendant, as a common carrier, to be safely carried from the city of Huntington to Browns-town, which horse was…
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English, J., makes the following statement of the facts of the case: On the 16th day of June, 1890, H. J. Zouch brought an action of trespass on the case in the Circuit Court of Cabell county against the Chesapeake & Ohio Railway Company, claiming one hundred and seventy five dollars damages by reason of the loss of a certain horse which was delivered to the defendant, as a common carrier, to be safely carried from the city of Huntington to Browns-town, which horse was alleged to be of the value of one hundred and seventy five dollars, and to have been lost by the carelessness and negligence…
1Opinion of the Court
English, J udgb :
The question presented for our consideration and determination in this case is whether a railroad company *529operating in this State, and carrying on business as a common carrier, can by a special contract made with a shipper of live stock fix the value of the property to be shipped, and ascertain beforehand the amount of damages that is to be paid in the event of the loss of the property, when the, rates of charges for transportation are fixed by the same agreement in accordance with the value placed by the owner or shipper upon the animal shipped, or whether a shipper has a…
2Cases cited8 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Graves v. Lake Shore & Michigan Southern RailroadMassachusetts Supreme Judicial Court · 1884
- Black v. Goodrich Transportation Co.Wisconsin Supreme Court · 1882
- Hill v. Boston, Hoosac Tunnel, & Western RailroadMassachusetts Supreme Judicial Court · 1887
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3Cited by16 opinions
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- Williams v. Chrysler CorporationWest Virginia Supreme Court · 1964
- Berry v. West Virginia & P. R.West Virginia Supreme Court · 1898
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