59 Ind. App. 330 | Ind. Ct. App. | 1915
This was an action by appellee against appellants to recover damages for an alleged breach of their common-law duty to carry and deliver safely a certain bog shipped by appellee. Tbe amended first paragraph and tbe
Each appellant demurred to each paragraph of complaint, and filed a motion to require appellee to make each paragraph of complaint more specific, and the court ruled against appellants in each of these instances. The issues for trial were made up by answers in general denial and special answers which set up that the hog was carried under a contract of limited liability, and replies to these answers. Trial by the court, a special finding of facts made, and conclusions of law stated thereon in favor of appellee against both defendants. Over their motions for a new trial, judgment for $400 was rendered against them.
Our holding is supported by the following cases, in addition to those cited, and it will be observed from an examination of the Indiana cases cited, that the common law of this State on the subject is in all essentials identical with that declared by the Federal courts: Atchison, etc., R. Co. v. Robinson (1914), 233 U. S. 173, 34 Sup. Ct. 556, 58 L. Ed. 901; Wells, Fargo & Co. v. Nieman-Marcus Co. (1913), 227 U. S. 469, 33 Sup. Ct. 267, 57 L. Ed. 600 ; Missouri, etc., R. Co. v. Harriman (1913), 227 U. S. 657, 33 Sup. Ct. 397, 57 L. Ed. 690; Wabash R. Co. v. Priddy (1913), 179 Ind. 483, 101 N. E. 724; Evansville, etc., R. Co. v. McKinney (1905), 34 Ind. App. 402, 73 N. E. 148; Pittsburgh, etc., R. Co. v. Mitchell (1911), 175 Ind. 196, 91 N. E. 275, 93 N. E. 996; Cleveland, etc., R. Co. v. Blind (1914), 182 Ind. 398, 105 N. E. 483, 491;
On Motion to Retax Costs.
Note. — Reported in 108 N. E. 163; 109 N. E. 420. As to limitation of liability of carriers by notice on tickets, baggage cheeks, bills of lading, etc., see 5 Am. St. 719. On the question of the “Carmack amendment” as affecting state regidations as to stipulations limiting liability of common carriers for the loss or damage to goods, see 44 L. R. A. (N. S.) 257; 50 L. R. A. (N. S.) 819. On the effect of limitation of liability in receipt prepared by shipper, see 28 L. R. A. (N. S.) 015. Limitation of carrier’s liability for injury to or loss of goods or baggage as affected by interstate commerce act, see Ann. Cas, 1912 B 672. See, also, under (1) 6 Cyc. 515; (2) 31 Cyc. 644; (3, 5) 6 Cyc. 400; (4) 6 Cyc. 1915 Anno. 412-new; (6) 11 Cyc. 224, 235; (8) 11 Cyc. 212; (9) 11 Cyc. 225.