Tardos v. Chicago, St. Louis & New Orleans R. R. Co.
Supreme Court of Louisiana
APPEAL from the Fourth District Court for the Parish of Orleans. Houston, J. 1. A carrier of freight who contráete to deliver goods at a destination beyond the terminus of his own line is answerable for the default of any connecting road in the line of trans. portation. Hutchinson on Carriers, pp. Ill, 112,117; Redfield on Railroads, pp. 104,109; Field on Damages, p. 324; 8 Exch. 341; 49 Vt. 255; 48 3ST. H. 339 ; 1 Woods, 100; 68 Fa.
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APPEAL from the Fourth District Court for the Parish of Orleans. Houston, J. 1. A carrier of freight who contráete to deliver goods at a destination beyond the terminus of his own line is answerable for the default of any connecting road in the line of trans. portation. Hutchinson on Carriers, pp. Ill, 112,117; Redfield on Railroads, pp. 104,109; Field on Damages, p. 324; 8 Exch. 341; 49 Vt. 255; 48 3ST. H. 339 ; 1 Woods, 100; 68 Fa. St. 272 ; 21 Wis. 582; 104 Mass. 122. 2. A carrier can only limit his liability by express and special contract. 15 An. 103 ; 16 Wall. 329 ; 28 Ohio. 418. 3.…
1Opinion of the Court
The opinion of the Court was delivered by
Fennee, J.
Plaintiff delivered to the defendant Company a quantity of freight to be carried by the said Company and its railroad connections to San Francisco, Cal., under a written contract which is entitled, on its face, a “ contract for a through rate, via Chicago, St. Louis & New Orleans Railroad connections.”
The contract embodies the ordinary receipt for the packages, which are described and stated as consigned to Jules Tardos, San Francisco, Cal. It stipulates the rate of freight to he $2.50 per hundred lbs. for some packages, and $3 per hundred…
2Cases cited1 opinion
- Dickensheets v. KaufmanIndiana Supreme Court · 1867
3Cited by3 opinions
- McCarn v. International & Great Northern Railway Co.Texas Supreme Court · 1892
- Riccobono v. KearneyLouisiana Court of Appeal · 1927
- Clark v. Louisiana Ry. & Nav. Co.Louisiana Court of Appeal · 1931