Hull v. Chicago, Burlington & Quincy Railroad Company, a Corp.
| Decision Date | 02 December 1918 |
| Citation | 208 S.W. 494,200 Mo.App. 392 |
| Parties | J. W. HULL, Respondent, v. CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY, a Corporation, Appellant |
| Court | Kansas Court of Appeals |
Rehearing Denied 200 Mo.App. 392 at 397.
Appeal from Worth Circuit Court,--Hon. John W. Dawson, Judge.
AFFIRMED.
Judgment affirmed.
H. J Nelson, J. A. Lydick and Kelso & Kelso for appellant.
DuBois & Miller for respondent.
Plaintiff shipped one hundred and twenty-one head of sheep from Grant City, Mo., to St. Joseph, Mo., over defendant's railroad. While in transit two of the sheep so shipped were killed by reason of the negligence of the defendant. Plaintiff brought this action for eighteen ($ 18.) dollars, the actual value of the sheep so killed and recovered that amount in the lower court, and defendant has appealed.
The contract of shipment provides as follows:
"That for and in consideration of 12.4c per cwt., subject to minimum weights as shown in its published tariffs, classifications and rules, the carrier agrees to transport one car loaded with sheep (numbers of waybills, initials and numbers of cars and number of animals, as noted in the left hand margin hereof) from Grant City, Mo., to St. Joseph, Mo., consigned to Davis & Son; and the shipper, in consideration thereof, agrees to deliver the said animals to the carrier for transportation between the points aforesaid, upon the following terms, viz:
1. Whereas, the rates and charges for which said animals may be lawfully carried are fixed and determined by the duly established and published tariffs, classifications and rules of said carrier, to which reference is hereby made, in accordance with which the said carrier has alternative and graduated rates for the carriage of live stock proportioned to the value thereof as declared by the shipper or his agent;
Now, therefore, for the purpose of enabling the carrier to apply the lawful rate as provided in its tariffs, the shipper hereby declares said animals to be of the value, as follows, towit:
Each sheep Value $ 5:00
Defendant had filed with the Public Service Commission of this State a schedule showing the rates, fares and charges for the transportation of live stock, the material parts of which are as follows:
"Ratings on live stock vary according to the valuations stated by shipper, and as carriers have no means of determining values of Live Stock when tendered for transportation, shippers will be required to declare in writing the valuation at time and place of shipment. Where shippers refuse to declare value and execute Live Stock contracts, live stock will not be accepted for transportation.
Minimum ratings given below are based upon values declared by shippers, not exceeding the following under contract:
Each Horse, or Pony (gelding, mare or stallion)
Mule, Jack or Jenny
$ 150.00
Each Colt, under one year
75.00
Each Ox, Bull or Steer
75.00
Each Cow, or Burro
50.00
Each Calf
20.00
Each Hog
15.00
Each Sheep, or Goat
5.00
Live Stock exceeding values shown above:
Where the valuation declared by shippers exceeds the values shown above an addition of two (2) per cent will be made to the rate per 100lb., or car, for each 50 per cent, or fraction thereof, of additional declared value per head."
The agreed statement of facts recites that it is agreed between the parties that the legal rate for sheep of the declared value of $ 5 per head, shipped from Grant City, Mo., to St. Joseph, Mo., was 12.4c per cwt.
It is defendant's contention that the judgment for plaintiff should not have been for a greater amount than that declared in the contract of shipment as the value of the lost sheep to-wit, $ 10. This court recently had before it a contract substantially the same as the one involved in this case and decided, applying the well and long established rule in this State that a carrier may not limit its common-law liability unless the contract is supported by the consideration of a reduced rate or other consideration and is clearly reasonable, that the carrier was liable for the actual loss occasioned by the injury to the animals. [Leas v. Railroad, 157 Mo.App. 455.] As there is nothing in the evidence in this case to show that the shipper was guilty of false representations as to the value of the sheep or of a fraudulent concealment of the value, we are constrained to follow the case of Leas v. Railroad, supra, and hold that plaintiff was entitled to recover the full value of his sheep unless the fact that defendant filed its schedule with the Public Service Commission showing rates, fares and charges for transportation of live stock, changes the rule mentioned supra...
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