Chicago, B. & Q. R. Co. v. Williams

• Decision Date: 21 October 1912
• Docket Number: 2,303.
• Parties: CHICAGO, B. & Q. RY. CO. v. WILLIAMS.
• Court: U.S. Court of Appeals — Eighth Circuit

200 F. 207

CHICAGO, B. & Q. RY. CO. v. WILLIAMS.

No. 2,303.

United States Court of Appeals, Eighth Circuit.

October 21, 1912

September 26, 1903, Edgar C. Williams and the Chicago, Burlington &amp Quincy Railway Company made and entered into a contract, the material parts of which are as follows:

'Burlington Route. Live Stock Contract.

'Issued by Chicago, Burlington & Quincy Railway Company,

'Lessee of the Lines Enumerated Above.

'Agents will permit only the names of the owners or bona fide employes, who accompany the stock, to be entered on the back of the contract, without regard to passes allowed by number of cars.

'The contract, when indorsed by the person or persons in charge, and signed in ink by agent, will entitle such person or persons to ride on same train with stock to care for same, but will not entitle holder of contract to ride on any other train, nor will contract be accepted for passage on any passenger train.

'Conductor of freight train must punch contract, or in absence of punch will indorse his name on back of contract when presented for passage.

'Live stock contracts are not good for return passage. Parties entitled to return passage will be provided with return ticket on application to proper office. Conductors will be held strictly responsible for permitting persons to ride on stock contracts, except when in charge of live stock.

No. of Waybill. Number and Initial of Car. No. of Animals in Each Car.

42 50043Q 17

43 16168Q 17

"Read the Contract.

"Robertson, Mo., Station.

'This contract, made and entered into this 26th day of Sept., 1903, by and between Ed Williams, of Robertson, of the first part, and the Chicago, Burlington & Quincy Railway Company, of the second part.

'Witnesseth, that for and in consideration of 23 1/2 per cwt., subject to minimum weights as shown in published tariffs, the said railway company agrees to transport 2 cars loaded with cattle (number of cars, number of waybill, and number of animals as noted above), from Robertson to U.S. yds. consigned to Drumm Com. Co.; and the said first party, in consideration thereof, agrees to deliver the said animals, to the said railway company, for transportation between the points aforesaid upon the following terms, viz.:

'That, whereas, the said first party, before delivering the said animals to said railway company, demanded to be advised of the rate to be charged for the carriage of said animals, as aforesaid, and thereupon was offered by the said railway company alternative rates proportionate to the value of the said animals, such value to be fixed and declared by the first party or his agent; and

'Whereas, such alternative rates are made in pursuance of the provisions relating thereto of the classification of freights adopted as regulations by the said railway company, and fully set forth as follows, to wit:

'Live Stock.-- Ratings given above are based upon declared valuations by shippers, not exceeding the following:

Each horse or pony (gelding, mare or stallion), mule or jack .. $100.00

Each ox, bull or steer .......................................... 50.00

Each cow ........................................................ 30.00

Each calf ....................................................... 10.00

Each hog ........................................................ 10.00

Each sheep or goat ............................................... 3.00

'When the declared value exceeds the above, an addition of 25 per cent. will be made to the rate for each 100 per cent, or fraction thereof, of additional 'declared valuation per head,' which said alternative rates are fully shown in and upon the regular tariffs and classifications printed, published and posted by the said company as required by law; and

'Whereas, the first party, in order to avail himself of said alternative rates, and to secure the benefit thereof, has declared, and does hereby declare said animals to be of the value as follows, to wit: Each steer, value, $50.00. To which value the rate aforesaid is proportioned by the classifications and tariffs aforesaid:

'Now, in consideration of the premises and of the foregoing, it is expressly agreed that for all purposes connected with, resulting from, or in any manner growing out of this contract, and the transportation of the said animals pursuant thereto, the value of the said animals, and of each thereof, shall in no case exceed the said valuation.

'It is further agreed, in consideration of the alternative rate so made by the said railway company and accepted by the first party, that in case of loss or of damage to said animals, whether resulting from accident or negligence of said railway company, or its servants, the said railway company shall not be liable in excess of the actual loss or damage; and in no case shall the said railway company be liable in any manner in excess of the agreed valuation upon each animal lost or damaged. Nor shall said railway company be liable for loss or damage after delivery to any connecting line, nor for any loss

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