39 S.C. 55 | S.C. | 1893
The opinion of the court was delivered by
This was an action to recover damages for the loss of four hogs shipped by the plaiubiffs over the road of defendant company, to be delivered at Newberry, South Carolina. The case was originally instituted in the Trial Justice Court, carried thence by appeal to the Circuit Court,
It seems that these hogs-were shipped under a special contract, signed by the said Myers, a copy of which is set out in the “Case,” which contained amongst other things the following stipulations: that the hogs were “to be shipped upon the following contract, terms and conditions, which are admitted by me to be just and reasonable;” that in consideration of the transportation of said live stock “at the reduced rate of ninety-eight dollars per car load from Lenoirs to Newberry, S. C., and furnishing free transportation to the owner, or his agent, on the train with said stock” * * * “and I further agree that the said East Tennessee, Virginia and Georgia Railway and all connecting transportation companies shall not be, and shall not be held, liable for any loss, injury, damages or depreciation which the animals, or either of them, suffer in consequence of either of them being weak, or escaping, or injuring themselves or each other, or in consequence of overloading, heat, suffocation, fright, viciousness, or of being injured by fire, or the burning of any material, while in the possession of said railway or any connecting transportation company; and I expressly release said East Tennessee, Virginia and Georgia Railway and connecting transportation companies from all other damages incidental to the railroad or water transportation of said stock, which shall not be established by positive evidence to have been caused by the negligence of some officer or agent of said East Tennessee, Virginia and Georgia Railway or connecting
But when, as in this case, the shipper has obtained an advantage, in consideration of which he has fixed the value of the property shipped, the ease becomes still stronger. The shipper having reaped the advantage obtained by the special contract, must, as a matter of common justice, bear the burdeu which such contract imposed. Here the plaintiffs, “in consideration?’ of “the reduced rate of ninety-eight dollars per carload,” have agreed, that in case of loss the carrier shall be liable only for the valuations stated in such agreement, to wit: “for hogs, $5 each.”. For, as was well said in the case of Graves v. Lake Shore and Michigan Southern Railroad Company, 137 Mass., 33, reported, also, in 50 Am. Rep., 282: “If a person voluntarily represents and agrees that the goods delivered to a carrier are of a certain value, and the carrier is thereby induced to grant him a reduced rate of compensation for the carriage, such person ought to be barred by his representation and agreement. Otherwise he imposes upon the carrier the obligations of a contract different from that into which he has entered.” But we need not pursue the discussion, as the case of Hart v. Pennsylvania Railroad Company, 112 U. S., 331, in which the whole subject is fully discussed, and the authorities both pro and con are collated, fully sustains our view.
The ruling of-the court below was sustained, and after an elaborate discussion of the whole subject, Mr. Justice Blatchford concluded his opinion in these words: “The distinct ground of our decision in the case at bar is, that where a contract of the kind, signed by the shipper, is fairly made, agreeing on the valuation of the property carried, with the rate of freight based on the condition that the carrier assumes liability only to the extent of the agreed valuation, even in case of loss or damage by the negligence of the carrier, the contract will be upheld as a proper and lawful mode of securing a due proportion between the amount for which the carrier may be responsible and the freight he receives, and of protecting himself against extravagant and fanciful valuations.” There is nothing whatever in the case showing that there was an agreement as to the value of these particular horses, or that the court based its
It seems to us, therefore, that while there was no error of law in holding that -the plaintiffs were entitled to recover, there was such error in holding that they were entitled to recover anything more than the amount stipulated for in the special .contract.