253 U.S. 97 (1920), 628, Chicago, Milwaukee & St. Paul Railway Company
| Citation | 253 U.S. 97, 40 S.Ct. 504, 64 L.Ed. 801 |
| Party Name | Chicago, Milwaukee & St. Paul Railway Company |
| Case Date | May 17, 1920 |
| Court | U.S. Supreme Court |
Page 97
v. McCaull-Dinsmore Company
Argued April 23, 1920
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
Syllabus
Under the Cummins Amendment of March 4, 1915, which provides that the carrier shall be liable for the full actual loss, damage, or injury notwithstanding any limitation of liability, limitation of amount of recovery, or representation or agreement as to value in the receipt, bill of lading, etc., and which declares any such limitation
Page 98
unlawful and void, a shipper, in case of loss, is entitled to damages on the basis of value at the place of destination at the time when the property should have been delivered if that is greater than the value at place and time of shipment, notwithstanding his Uniform Bill of Lading provided for computing damages on the latter basis. P. 99.
260 F. 835 affirmed.
The case is stated in the opinion.
HOLMES, J., lead opinion
MR. JUSTICE HOLMES delivered the opinion of the Court.
This is an action for the loss of grain belonging to the plaintiff and delivered on November 17, 1915, to the defendant, the petitioner, in Montana for transportation to Omaha, Nebraska. The grain was shipped under the uniform bill of lading, part of the tariffs filed with the Interstate Commerce Commission, by which it was provided that
the amount of any loss or damage for which any carrier is liable shall be computed on the basis of the value of the property at the place and time of shipment under this bill of lading, including freight charges, if paid.
The petitioner has paid $1,200.48, being the amount of the loss so computed, but the value of the grain at the place of destination at the time when it should have been delivered, with interest, less freight charges, was $1,422.11. The plaintiff claimed the difference between the two sums of the ground that the Cummins Amendment to the Interstate Commerce Act made the above stipulation void. The district court gave judgment for the plaintiff, 252 F. 664, and the judgment was affirmed by the circuit court of appeals. 260 F. 835.
Page 99
The Cummins Amendment Act of March 4, 1915, c. 176, 38 Stat. 1196, provides that the carriers affected by the Act shall issue a bill of lading and shall be liable to the lawful holder of it
for any loss, damage, or injury to such...
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