Chicago, Burlington Quincy Railway Company v. Edgar Williams
| Decision Date | 15 April 1907 |
| Docket Number | No. 243,243 |
| Citation | 27 S.Ct. 559,51 L.Ed. 875,205 U.S. 444 |
| Parties | CHICAGO, BURLINGTON, & QUINCY RAILWAY COMPANY. v. EDGAR C. WILLIAMS |
| Court | U.S. Supreme Court |
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. No. and initial No. of animals
of car. in each car.
42 50043Q 17
43 16168Q 17
Read the Contract.
Robertson, Mo., Station.
This contract, made and entered into this 26 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 or damage not incurred upon its own line; but, nevertheless, in the event that the said animals are to be transported beyond the line of the railway of the second party upon and by any connecting line forming a part of the system known as the 'Burlington System,' then it is expressly understood and agreed that this contract shall be for, and shall inure to the benefit of, the corporation operating such connecting line, and such connecting line shall be liable to perform all the obligations of this contract.
It is further agreed that the said railway company shall in no case be liable for any loss or damage to said animals unless a claim shall be made in writing by the owner or owners thereof, or his or their agents, and delivered to a general freight agent of the said railway company, or to the agent of said railway company at the station from which the animals are shipped, or to the agent at the point of destination, within ten (10) days from the time the said animals are removed from the cars. And, in case of loss or damage upon any connecting line, such connecting line shall not be in any manner liable unless claim shall be made in like manner in writing to such general officer or agent of such connecting line.
And in consideration of free transportation for one person, designated by the first party, hereby given by said railway company, such persons to accompany the stock, it is agreed that the said cars, and the said animals contained therein, are and shall be in the sole charge of such persons, for the purpose of attention to and care of the said animals, and that the said railway company shall not be responsible for such attention and care; and, further, that the second party shall not be liable to the first party, or any of his servants, agents, or copartners, or other person, carried pursuant to this contract, for any injury or damage, from whatever cause, suffered or incurred while being so carried. And the first party agrees that, before setting out upon the journey, he will fully inform each of the persons to be carried pursuant hereto of the provisions of this contract in this regard.
It is agreed that the said animals are to be loaded, unloaded, watered, and fed by the owner or his agent in charge; that the second party shall not be liable for loss from theft, heat, or cold, jumping from car, or other escape, injury in loading or unloading, injury which animals may cause to themselves or to each other, or which result from the nature or...
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