20 A. 328 | N.H. | 1890
Common carriers may limit their common-law liability by express contract against risks not arising from their own negligence. Merrill v. American Express Co.,
It is now generally held that the responsibility imposed on the carrier of goods by the common law may be restricted and qualified by express stipulation, where such stipulation is just and reasonable; and a stipulation that the carrier shall be informed as to the value of the goods delivered to him for carriage, as affecting the risk and the degree of care required, is clearly reasonable. In Moses v. Railroad,
The stipulation as to an agreed valuation, inserted in the shipping receipt taken by the plaintiff, was designed to determine the extent of the defendants' liability in case of loss of the goods, and the plaintiff so understood it. The plaintiff also knew that the freight charges were proportioned to the nature and extent of the risk, and, although in this instance the express charges were not mentioned, the presumption is conclusive that the plaintiff knew that the rate would be largely increased if it was fixed by the actual value of the package. The case states that the plaintiff had previously sent thousands of packages and boxes by the defendants the value of which in many instances exceeded fifty dollars; and that the price fixed by the defendants for the carriage of the box in controversy was seventy-five cents, when, if the actual value of the goods had been stated, the regular express charges would have been $3.75. It does not change the case that the price of carriage was not mentioned, or that no inquiries were made as to the value of the contents of the box. The plaintiff understood that the rate would be according to the regular express rates for the carriage of a box agreed to be of the value of fifty dollars. The plaintiff understood that he was securing transportation of the box to New York at reduced rate (in fact, at one fifth of the regular rate), by calling the value fifty dollars and assuming a portion of the risks of carriage himself; and having agreed upon a valuation for the purpose of fixing the express charges, he cannot insist that the goods are of greater value for the purpose of increasing his claim for damages for the loss. Nor is it material whether the loss arose from the negligence of the defendants, or from some other cause. The defendants agreed to respond in a sum not exceeding fifty dollars in case of loss, and, for the purposes of the contract of transportation between the parties to the contract, the goods have no greater value. Hart v. Railroad,
If the question is raised in this case, it seems to be settled by great weight of authority that a common carrier cannot stipulate for exemption from responsibility for the negligence of himself or his servants on grounds of public policy, or even by express contract. Railroad Co. v. Lockwood, 17 Wall. 357; Liverpool, etc., Steam Co. v. Phenix Ins. Co.,
Case discharged.
ALLEN, J., did not sit: the others concurred.