J. J. Douglas Co. v. Minn. Transfer Ry. Co.

• Decision Date: 30 October 1895
• Citation: 64 N.W. 899,62 Minn. 288
• Parties: J. J. DOUGLAS CO. v. MINNESOTA TRANSFER RY. CO.
• Court: Minnesota Supreme Court

62 Minn. 288

64 N.W. 899

J. J. DOUGLAS CO.

v.MINNESOTA TRANSFER RY. CO.

Supreme Court of Minnesota.

Oct. 30, 1895.

(Syllabus by the Court.)

Five barrels of whisky were delivered for transportation to a common carrier, accompanied by a written statement of the shipper that the value of the property was $20 per barrel, and also, as one of the conditions upon which the property should be transported, that: “The amount of loss or damage for which any carrier becomes liable shall be computed at the value of the property as to time and place of shipment under the bill of lading, unless a lower value has been agreed upon or is determined by the classification upon which the rate is based, in either of which events such lower value shall be the maximum price to govern such computation.” The carrier executed, and the shipper accepted, a bill of lading in accordance with these terms, in which the value of the goods was stated to be $20 per barrel, and classifying them as second-class freight, and fixing the rate of freight at $2.72 per 100 pounds. The bill of lading also contained a stipulation that, “in consideration of rates inserted, it is agreed that, in case of loss or damage, the same shall be adjusted at the agreed valuation of $20 per barrel.” If the valuation of the goods had been at their full actual value, they would have been classified as first-class freight, and the rate of freight would have been $3.45 per 100 pounds. The shipper fixed and agreed to such valuation, in order to obtain, and he did thereby obtain, the lower rate of freight, the charge for transportation being based on such valuation. The goods were lost by the negligence of the carrier. Held, in an action for such loss, that the stipulation that such loss should be adjusted at the agreed valuation of $20 per barrel was valid, and that the recovery by the shipper is limited to the value named. Alair v. Railway Co., 54 N. W. 1072, 53 Minn. 160, followed.

Appeal from district court, Hennepin county; Elliott and Jamison, Judges.

Submission on an agreed statement of facts, without action, in a controversy between the J. J. Douglas Company as plaintiff and the Minnesota Transfer Railway Company as defendant. Judgment was ordered for defendant, and plaintiff appeals. Affirmed.

Merrick & Merrick, for appellant.

W. H. Norris, for respondent.

MITCHELL, J.

The matter in dispute between these parties was submitted to the district court, without action, upon an agreed state of facts. Gen. St. 1894, § 6083. The only facts material on this appeal are the following: The Ohio & Mississippi Railway Company is a common carrier operating a line of railway from Louisville, Ky., to East St. Louis, Ill., where it makes connection with another like carrier operating a line of railway from East St. Louis to Chicago, where it makes a like connection with a third like carrier operating a line of railway from Chicago to St. Paul, where it makes a like connection with the transfer tracks of the defendant, the Minnesota Transfer Railway Company, a like carrier, which connects with the railways of both the Northern Pacific Railway Company and the Great Northern Railway Company, like carriers, each of which operates a line of railway from St. Paul to Butte, Mont.; the transfer of freight from railroads running into St. Paul from the south and east to the railroads running from St. Paul to the west and north being made by the defendant, over its system of transfer tracks. In October, 1892, at Louisville, Ky., the plaintiff delivered to the first-named railway company (the Ohio & Mississippi) 5 barrels of whisky, weighing 1,980 pounds, now admitted to have been of the actual value of $443.89. The property was so delivered to be transported by the Ohio & Mississippi Railway Company and its connecting lines from Louisville to Butte, being consigned to one Cohen, at the latter place.

The delivery of the property to the Ohio & Mississippi Railway Company was accompanied by the following paper, prepared, executed, and presented by the plaintiff itself:

“Received of J. J. Douglas Co. the following described packages (contents unknown), in store at his risk, to be forwarded by the Ohio & Mississippi Railway Company, subject to all the conditions (as printed on the back of this sheet) of a bill of lading which will be issued by said company after the same shall have been loaded into the cars of said company.

“Articles.

“Weight (subject to correction).

“Alex Cohen, Butte, Mont.

“Via Great Northern R. R.

“Five bls. whisky O. R. L. 20 Val.”

Among the conditions referred to as printed on the back of this paper was the following:

“The amount of any loss or damage for which any carrier becomes liable shall be computed at the value of the property at the time and place of shipment under this bill of lading, unless a lower value has been agreed upon or is determined by the classification upon which the rate is based, in either of which events such lower value shall be the maximum price to govern such computation.”

The Ohio & Mississippi Railway then executed and delivered to the plaintiff a bill of lading in accordance with the terms and conditions proposed by the plaintiff, in which the railway company agreed to carry the property to its destination if on its own road; otherwise, to deliver it to another carrier on the route to such destination. It further provided that the rate of freight from Louisville to Butte should be $2.72 per 100 pounds, the goods being classed as second-class freight. It also showed that the goods were consigned via the Great Northern Railway, and stated the value of the goods at $20 per barrel, the same given by the plaintiff in the paper already referred to. The bill of lading contained the following provisions: “It is mutually agreed, in consideration of the rate of freight hereinafter named, as to each carrier of all or any of said property over all or any portion of said route to destination, and as to each party at any time interested in all or any of said property, that every service to be performed...