Starnes v. Louisville & N. R. Co.

• Decision Date: 26 May 1892
• Parties: Starnes v. Louisville & N. R. Co.
• Court: Tennessee Supreme Court

19 S.W. 675

91 Tenn. 516

Starnes v. Louisville & N. R. Co.

Supreme Court of Tennessee.

May 26, 1892

Error to circuit court, Shelby county; L. H. Estes, Judge.

Action by J. W. Starnes against the Louisville & Nashville Railroad Company. There was a judgment for plaintiff, and he prosecutes a writ of error. Reversed.

CALDWELL J.

In June, 1889, J. W. Starnes delivered to the Louisville & Nashville Railroad Company, as a common carrier, 13 horses to be transported by rail from Lexington, Ky., to Memphis Tenn. This action was brought by Starnes against the carrier to recover damages for injuries alleged to have been received by the stock in course of transportation. Plaintiff claimed that he had been damaged to the extend of $450, and sued for that amount. Court and jury allowed him a recovery for only $110, with interest, and he appealed in error. The horses cost the plaintiff, and were worth at place of shipment, $130 to $235 each. After much delay and circuity of route, they reached their destination; nine of them being in a damaged condition. One of the nine died the next day after arrival and the other eight were impaired in value from $25 to $100 each. The horses were bought for sale on the Memphis market and there those that survived were sold, at such prices as could be had by the exercise of due care and diligence. Eleven were sold for various sums about $100 each; and one was sold for $90. The shipment was made under a "live stock contract," which contained the following stipulation: "And it is further agreed that, should damages occur for which the said party of the first part may be liable, the value at the place and date of shipment shall govern the settlement, in which the amount claimed shall not exceed for a stallion or jack, $200; for a horse or mule $100; *** which amounts it is agreed are as much as such stock as are herein agreed to be transported are reasonably worth." This is a valid limitation of the liability of the carrier. Railway Co. v. Sowell, 90 Tenn. 17, 15 S.W. 837; Railway Co. v. Wynn, 88 Tenn. 330, 14 S.W. 311; Hart v. Railroad Co., 112 U.S. 331, 5 S.Ct. 151. With reference to it the trial judge said to the jury: "This clause fixes the value of the stock at the point and date of shipment; so that, if you find from the evidence that any of the stock brought more than or as much as the agreed value of $100 each, then the court charges you there can be no recovery in this...