110 P. 983 | Utah | 1910
Appellant in her complaint in substance alleged: That on the 29th day of May, 1907, she was the owner of certain household goods, “consisting of a roll of carpet, including one feather bed, four pillows, and three boxes of other household goods, which upon said date she delivered into the said defendant’s (respondent’s) possession as a common carrier, at Blackfoot, Idaho, to be safely carried to Salt Lake City,
Counsel for appellant in his assignment of errors complains only of the conclusion of law and the judgment based thereon. He contends that the court erred in enforcing the agreement set forth in the findings of fact wherein the parties agreed upon and fixed the value of the household goods. It is asserted that this contention is supported by what is decided in the case of Houtz v. U. P. Ry. Co., 33 Utah 175, 93 Pac. 439, 17 L. R. A. (N. S.) 628, where in passing upon the question whether a common carrier of property could by contract in advance limit or avoid liability for injury and consequent damages to property transported caused by negligence or misconduct of the carrier or its servants, and where the rule adopted by us is stated in the headnotes as follows: “A carrier cannot by contract exempt itself from, nor limit its liability for, the loss of or damage to property caused by its negligence or misconduct, or that of its servants.” The question passed on there is, however, not presented in this case; and in order to avoid, if possible, all confusion respecting the rule based on our conclusions in this case, we have, in substance, set forth all of the material allegations of the complaint, the material averments of the answer and reply, and have ■ likewise given the substance of all of the material findings of fact, and have given the conclusions of law in full. The findings of fact are not assailed; hence we must assume that they are in accordance with the evidence, and, in the absence of any requests upon the part of appellant to have the court make a find-
In view of the foregoing, the doctrine contained in the quotation taken from the headnotes of the Houtz Case, supra, has no application. This case, however, falls squarely within another rule which is also refe'rred to in the Houtz Case, namely, that a common carrier of property by a fair and reasonable contract, when fairly entered into may
“Where the written receipt constituting a contract of shipment contains a clause by which the shipper agrees that the value of the property is not more than a stated sum unless a different value is stated, and no greater value is stated, the shipper stipulates and represents, as one of the terms of the contract, that the goods are not of a greater value than the sum stipulated, and is estopped from claiming in case of loss that the value was greater.”
We can see no good reason why a shipper should not be bound by a contract if fair and reasonable, and, when fairly entered into, in which he agrees that, in consideration of a reduction of the freight charges, the carrier shall
The question whether contracts like the one passed on are enforceable in cases where the property is lost through the negligence or misconduct of the carrier or its agents is not involved, and hence is not passed' on.
In view of the whole record, the judgment ought to be, and it accordingly is, affirmed, with costs to respondent.