143 Minn. 90 | Minn. | 1919
Plaintiff was a peddler traveling about selling various articles of mer
Plaintiff had a verdict for $420, the value of the contents of the grip. The court granted a new trial exclusively upon errors -occurring at the trial.
Our statutes require every railroad company to publish and .file with the Railroad and Warehouse Commission schedules of rates, fares and charges for transportation of persons and. property, and provide that such schedules shall state “any rules or regulations in any way affecting the aggregate of such rates, fares and charges,” G. S. 1913, §§ 4342, 4344, and they prohibit “any unequal or unreasonable preference or advantage to any particular person.” Section 4332. Defendant contends that the passenger is conclusively presumed to have knowledge of any limitation of liability in the schedules and regulations filed, and that such limitation fixes the amount of recovery in case of loss. This was substantially the rule applied by the United States Supreme Court in construing the Hepburn Act of June 29, 1906, the provisions of which are, in the particulars mentioned, much the same as ours, except that they refer to interstate commerce whereas ours refer to intrastate commerce. Adams Express Co. v. Croninger, 226 U. S. 491, 33 Sup. Ct. 148, 57 L. ed. 314, 44 L.R.A.(N.S.) 257; Great Northern Ry. Co. v. O’Connor, 232 U. S. 508, 34 Sup. Ct. 380, 58 L. ed. 703; Boston & Maine R. R. v. Hooker, 233 U. S. 97, 34 Sup. Ct. 526, 58 L. ed. 868, L.R.A. 1915B, 450, Ann. Cas. 1915D, 593.
The court held in those cases that under the Hepburn Act the limitation of liability stated in the schedules is part of the rate; that where a tariff rate is based on value it fixes the rights and liabilities of the parties; that, if no value is stated, the tariff rates applicable to such a state of facts applies; that, if there are alternative rates based on value and the shipper accepts the lower rate, the carrier, if sued for loss, is liable only foi’ the lower value. As to baggage cases that court held that a provision in a tariff schedule that the passenger must declare the value of his baggage and pay stated excess charges for excess liability is a “regulation” of which the shipper is bound to take notice, and that the effect of the regulation and the delivery and acceptance of the baggage
Defendant urges us to follow the rule of these Federal decisions. With all due respect to that high authority, we are not disposed now to do so. The sections of our statutes above cited were originally enacted in 1887. Laws 1887, p. 53, c. 10, § 8, subds. a and b, and section 5. They have come- down with little change. This court many years ago held that the limitation of the carrier’s liability is matter of contract. Alair v. Northern Pacific R. Co. 53 Minn. 160, 54 N. W. 1072, 19 L.R.A. 764, 39 Am. St. 588; O’Malley v. Great Northern Ry. Co. 86 Minn. 380, 90 N. W. 974; Ostroot v. Northern Pacific Ry. Co. 111 Minn. 504, 127 N. W. 177; O’Connor v. Great Northern Ry. Co. 120 Minn. 359, 139 N. W. 618; O’Connor v. Great Northern Ry. Co. 118 Minn. 223, 136 N. W. 743; McGrath v. Northern Pacific Ry. Co. 121 Minn. 258, 141 N. W. 164, L. R. A. 1915D, 644.
Defendant contends that since section 4342 of our- statutes was reenacted in 1907, chapter 377, p. 534, Laws 1907, after the passage of the Hepburn Act, our legislature must have intended to adopt the construction given the Hepburn Act by the Federal Supreme Court. This contention we do not sustain. The purpose of incorporating this section in the act of 1907 was plainly to amend it in a particular not material here.
It may be proper to observe that the rule of the Federal cases cited has been substantially modified by acts of Congress. H. S. Comp. St. 1916, § 8604a.
Our own judgment is that the rule of our own decisions is the correct one and we are not impelled at this time to abandon it.
Order reversed with directions to enter judgment on the verdict.