65 Minn. 168 | Minn. | 1896
Plaintiffs several causes of action all fall under two general heads: First, the failure of defendant on two occasions to furnish him, at the times agreed, cars in which to ship cattle from McIntosh to South St. Paul; second, unreasonable and negligent delay, on both occasions, in the transportation of the cattle after they were shipped. The defendant, by its answer, denied all the allegations of the complaint except the receipt of the cattle from plaintiff for shipment as alleged, and, as a further defense, set up the provisions of the written contract (Exhibit A) under which the cattle were shipped, as releasing or exempting it from all liability on account of the matters alleged in the complaint. Irrespective of the provisions of this contract, the evidence upon both classes of causes of action made a case for the jury.
“For the consideration before mentioned [defendant’s carrying the cattle in car loads at tariff rate per car load], said party of the second part [plaintiff] further agrees that, as a condition precedent to his right to recover any damage for any loss or injury to said stock, he will give notice in writing of his claim therefor to some officer of said party of the first part [defendant], or its nearest station agent, before said stock is removed from the place of destination above mentioned, or from the place of delivery of the same to the said party of the second part, and before such stock is mingled with other stock.”
Hence the reasonableness and validity of this condition as applied :to the facts is the only question in the case.
We do not find it necessary to consider whether stipulations on part of the carrier for notice of loss within a specified time may not, under certain circumstances, be reasonable and valid, if not forbidden by statute, or the further question whether such stipulations constitute such a limitation of the carrier’s liability as is forbidden by G. S. 1894, § 381. In the present case the freight was live stock being shipped to the market, and which had to be speedily disposed of ■after it reached its destination, and was liable to deteriorate in flesh .and weight by remaining in the stock yards, to say nothing of the expense of feeding. The place of delivery was beyond the line of defendant’s road, and it does not appear that it had any agent or officer there, and there is no presumption that it had any. It appears from
Order affirmed.