Cau v. Texas & Pacific Railway Co.
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. This is an action to recover the value of cotton delivered by plaintiff to defendant, to be transported over its railroad from Texarkana, Texas, to New Orleans. The cotton was destroyed by fire while in the custody of defendant.
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. This is an action to recover the value of cotton delivered by plaintiff to defendant, to be transported over its railroad from Texarkana, Texas, to New Orleans. The cotton was destroyed by fire while in the custody of defendant. The action was originally brought in the Civil District Court of the Parish of Orleans and removed on the petition of defendant to the Gircuit Court of the United States for the Eastern District of Louisiana. The case was tried to a jury, which,/ under the instructions of the court, rendered a verdict for…
1Opinion of the CourtJustice McKenna
It is well settled that the carrier may-limit his common law -, liability. York Co. v. Central Railroad, 3 Wall. 107. But it is urged that the contract must be upon a consideration other than the mere transportation of the property, and an “option and opportunity must be given to the shipper to select under which, .the common .law or limited liability, he will ship his goods.” ■. If this means that a carrier must take no advantage of the shipper or practice no deceit upon him, we agree. If it means that the alternative must be actually presented to the shipper by the carrier, we cannot agree.…
2Cases cited6 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Clark v. BarnwellSupreme Court of the United States · 1852
- Bank of Kentucky v. Adams Express Co.Supreme Court of the United States · 1876
- York Company v. Central RailroadSupreme Court of the United States · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by102 opinions
- Southern Railway Co. v. PrescottSupreme Court of the United States · 1916
- Schnell v. the VallescuraSupreme Court of the United States · 1934
- Western Union Telegraph Co. v. Esteve Bros. & Co.Supreme Court of the United States · 1921
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. RankinSupreme Court of the United States · 1916
- American Railway Express Co. v. LindenburgSupreme Court of the United States · 1923
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