16 N.Y. St. Rep. 803 | City of New York Municipal Court | 1888
As the defendant is liable for the loss of goods intrusted to its care, it is not unreasonable to impose as a condition of recovery that
NOTE.
Common Carriers—Limiting Liability. Common carriers may by contract limit their common-law liability when the limitation is one reasonable in character, Hart v. Railroad Co., 5 Sup. Ct. Rep. 151, 7 Fed. Rep. 630; The Bermuda, 29 Fed. Rep. 399, 27 Fed. Rep. 476; The New Orleans, 26 Fed. Rep. 44; The Lydian Monarch, 23 Fed. Rep. 298; Grogan v. Express Co., (Pa.) 7 Atl. Rep. 134; Sprague v. Railway Co., (Kan.) 8 Pac. Rep. 465; but a contract is invalid which seeks to relieve it of such liability for its negligence, or that of its servants, Railway Co. v. Harris, (Tex.) 2 S. W. Rep. 574; The Surrey, 26 Fed. Rep. 791; The New Orleans, Id. 44; Rintoul v. Railroad Co., 17 Fed. Rep. 905; May v. The Powhatan, 5 Fed. Rep. 375; Ormsby v. Railroad Co., 4 Fed. Rep. 706; Grogan v.Express Co., (Pa,) 7 Atl. Rep. 134; Rosenfeld v. Railway Co., (Ind.) 2 N. E. Rep. 344; Moulton v.Railway Co., (Minn.) 16 N. W. Rep. 497; Black v.Transportation Co., (Wis.) 13 N. W. Rep. 244; Sprague v. Railway Co., (Kan.) 8 Pac. Rep. 465; McFadden v. Railway Co., (Mo.) 4 S. W. Rep. 689; Railroad Co. v. Riordon, (Pa.) 13 Atl. Rep. 324; or of liability for any degree of such negligence, Ormsby v. Railroad Co., 4 Fed. Rep. 706; Marr v. Telegraph Co., (Tenn.) 3 S. W. Rep. 496.
A stipulation requiring the shipper to give notice of his claim for damages before removing the goods is void, Ormsby v. Railroad Co., 4 Fed. Rep. 706; Smither v. Railroad Co., (Tenn.) 6 S. W. Rep. 209; but such a stipulation was held reasonable in Sprague v. Railway Co., (Kan.) 8 Pac. Rep. 465.
A railroad company, receiving cattle for transportation as a common carrier, cannot limit its liability to injuries caused by “ gross or wanton negligence, ” nor to that of a mere agent of the consignor in the matter of delivering the cattle to the next connecting road; such stipulations being contrary to public policy. Railroad Co. v. Thomas, (Ala.) 3 South. Rep. 802.
Where a railroad bill of lading contains a stipulation fixing the carrier’s liability in case of total loss of the goods, such limitation being in consideration of a reduced rate of transportation, the higher rate being reasonable, and there being no imposition or undue advantage, such stipulation will be upheld, although the goods may have been destroyed in an accident caused by the carelessness of the carrier’s servants. Railroad Co. v. Sherrod, (Ala.) 4 South. Rep. 29.