Legal Opinion

Missouri, Kansas & Texas Railway Co. v. Harriman

Supreme Court of the United States

Decided March 10, 1913No. 121PublishedCited by 348 opinions

ERROR TO THE COURT OF CIVIL APPEALS FOR THE FIFTH SUPREME JUDICIAL DISTRICT OF THE STATE OF TEXAS. The facts, which involve the validity u,nder the Car-mack Amendment of .a contract for'interstate shipment of live stock and a provision therein fixing the valuation of the shipment in case of loss in consideration of a lower rate, are stated in the opinion.

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ERROR TO THE COURT OF CIVIL APPEALS FOR THE FIFTH SUPREME JUDICIAL DISTRICT OF THE STATE OF TEXAS. The facts, which involve the validity u,nder the Car-mack Amendment of .a contract for'interstate shipment of live stock and a provision therein fixing the valuation of the shipment in case of loss in consideration of a lower rate, are stated in the opinion. Under the act to regulate commerce A carrier may fix its -rates with reference to its liability, or the time within which suit shall be brought, in case of loss or damage, increasing the rates where the liability is that fixed by common law…

1Opinion of the Court

Mr. Justice

Lurton delivered the opinion of the court.

This was an action in a state court of Texas by a shipper of cattle, under a special live-stock transportation contract for a shipment from a point in Missouri to a point in Oklahoma, to recover the value of cattle killed by a negligent derailment occurring in the former State. The shipment consisted of four bulls and thirteen cows, claimed to’have been very valuable “show cattle.” They were all killed, and plaintiffs recovered their full value, $10,640,' and this judgment was affirmed by the court below.

As the transaction was an interstate…

2Cases cited11 opinions

  1. Adams Express Company v. CroningerSupreme Court of the United States · 1912
  2. Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
  3. Railroad Co. v. LockwoodSupreme Court of the United States · 1873
  4. Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
  5. Chicago & Alton Railroad v. KirbySupreme Court of the United States · 1912

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3Cited by348 opinions

  1. United States v. MarionSupreme Court of the United States · 1971
  2. United States v. KubrickSupreme Court of the United States · 1979
  3. Heimeshoff v. Hartford Life & Accident Ins. Co.Supreme Court of the United States · 2013
  4. Boston & Maine Railroad v. HookerSupreme Court of the United States · 1914
  5. Southern Railway Co. v. PrescottSupreme Court of the United States · 1916

343 more not listed; retrieve them via the Exa API.

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