Peyton v. Railway Express Agency, No. 903

CourtUnited States Supreme Court
Writing for the CourtPER CURIAM
Citation316 U.S. 350,62 S.Ct. 1171,86 L.Ed. 1525
PartiesPEYTON v. RAILWAY EXPRESS AGENCY, Inc., et al
Decision Date25 May 1942
Docket NumberNo. 903

316 U.S. 350
62 S.Ct. 1171
86 L.Ed. 1525
PEYTON

v.

RAILWAY EXPRESS AGENCY, Inc., et al.

No. 903.
Submitted May 1, 1942.
Decided May 25, 1942.

Mr. Robert L. Peyton pro se.

Mr. Harry S. Marx and Mr. Charles C. Evans, both of New York City, for respondents.

PER CURIAM.

Petitioner brought this suit in the District Court for the Western District of Texas, alleging that respondent, known to be an interstate carrier, had negligently failed to deliver to the addressee in California a package shipped from Waco, Texas, and claiming damages in the sum of $750,000. The trial court ordered petitioner to attach to his complaint a copy of the express receipt which he received

Page 351

upon delivering the package to respondent. This receipt contained a $50 valuation. Thereupon the court granted respondent's motion to dismiss the complaint on the ground that the amount in controversy was less than the $3,000 necessary to sustain jurisdiction under 28 U.S.C. § 41(1), 28 U.S.C.A. § 41(1), Jud.Code § 24(1). The Court of Appeals for the Fifth Circuit affirmed. We granted certiorari to inquire whether the suit could be maintained under 28 U.S.C. § 41(8), 28 U.S.C.A. § 41(8), Jud.Code § 24(8), granting the district courts jurisdiction 'Of all suits and proceedings arising under any law regulating commerce', irrespective of the amount involved.

The pertinent act of Congress is 49 U.S.C. § 20(11), 49 U.S.C.A. § 20(11), originally the Carmack Amendment of 1906, 34 Stat. 593, since amended several times to its present form. The section requires an interstate common carrier receiving property for shipment to issue a receipt or bill of lading. The carrier is made liable to the holder 'for any loss, damage, or injury to such property caused by it' or connecting carriers. If the injury does not occur on the initial carrier's line, but it responds in damages, it is entitled to recover over from the responsible carrier. Further, the initial carrier is made liable to the shipper for full damages sustained, notwithstanding any limitation of liability in the receipt or bill of lading, with the exception, important here, that where a carrier by authority or direction of the Interstate Commerce Commission maintains rates dependent upon the value of the property declared in writing by the shipper, such declaration also limits liability of the carrier for loss or damage to an amount not in excess of the declared value.

Following the Carmack Amendment, this Court in several cases upheld the power of the receiving carrier to limit its liability to an agreed valuation, made to obtain the lower of two or more rates. See Adams Express Co. v.

Page 352

Croninger, 226 U.S. 491, 33 S.Ct. 148, 57 L.Ed. 314, 44 L.R.A.,N.S., 257; Missouri, K. & T. Ry. v. Harriman, 227 U.S. 657, 33 S.Ct. 397, 57 L.Ed. 690; Pierce Co. v. Wells, Fargo & Co., 236 U.S. 278, 35 S.Ct. 351, 59 L.Ed. 576. The socalled First Cummins Amendment of March 4, 1915, 38 Stat. 1196, 49 U.S.C.A. § 20(11), prohibited in general any such limitation of liability. By the Second Cummins Amendment of August 9, 1916, 39 Stat. 441, 49 U.S.C.A. § 20(11), Congress adopted the...

To continue reading

Request your trial
74 practice notes
  • Smart v. First Federal S & L Ass'n of Detroit, Civ. No. 79-74483
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
    • September 15, 1980
    ...560 (1st Cir. 1976); Yancoskie v. Delaware River Port Authority, 528 F.2d 722 (3rd Cir. 1975); Peyton v. Railway Express Agency, Inc., 316 U.S. 350, 62 S.Ct. 1171, 86 L.Ed. 1525 (1942) (discussing the predecessor to § 1337). As a result, cases decided under either section can be used Althou......
  • Gabel v. Hughes Air Corp., Civ. A. No. 71-1595-PH
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Central District of California
    • October 12, 1972
    ...§ 41(8), Judicial Code § 24(8); Mulford v. Smith, 307 U.S. 38, 46, 59 S.Ct. 648, 651, 83 L.Ed. 1092; Peyton v. Railway Express Agency, 316 U.S. 350, 62 S.Ct. 1171, 86 L.Ed. 1525; cf. Illinois Steel Co. v. Baltimore & O.R.Co., 320 U.S. 508, 510-511, 64 S.Ct. 322, 323, 324 88 L.Ed. It cannot ......
  • Milan Exp. Co., Inc. v. Western Sur. Co., No. 88-5960
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • September 22, 1989
    ...the federal regulation of interstate commerce have historically been reviewed by the federal court. See Peyton v. Railway Express Agency, 316 U.S. 350, 62 S.Ct. 1171, 86 L.Ed. 1525 (1942); Louisville & Nashville R.R. Co. v. Rice, 247 U.S. 201, 38 S.Ct. 429, 62 L.Ed. 1071 (1918); Fallon, sup......
  • Ford Motor Co. v. Transport Indem. Co., Nos. 84-1735
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • June 30, 1986
    ...to the analogous "arising under" language in Section 1331, 28 U.S.C. Sec. 1331 (1982). See Peyton v. Railway Express Agency, Inc., 316 U.S. 350, 62 S.Ct. 1171, 86 L.Ed. 1525 (1942) (per curiam); Michigan Savings & Loan League v. Francis, 683 F.2d 957, 960 n.6 (6th Cir.1982). An action will ......
  • Request a trial to view additional results
74 cases
  • Smart v. First Federal S & L Ass'n of Detroit, Civ. No. 79-74483
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
    • September 15, 1980
    ...560 (1st Cir. 1976); Yancoskie v. Delaware River Port Authority, 528 F.2d 722 (3rd Cir. 1975); Peyton v. Railway Express Agency, Inc., 316 U.S. 350, 62 S.Ct. 1171, 86 L.Ed. 1525 (1942) (discussing the predecessor to § 1337). As a result, cases decided under either section can be used Althou......
  • Gabel v. Hughes Air Corp., Civ. A. No. 71-1595-PH
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Central District of California
    • October 12, 1972
    ...§ 41(8), Judicial Code § 24(8); Mulford v. Smith, 307 U.S. 38, 46, 59 S.Ct. 648, 651, 83 L.Ed. 1092; Peyton v. Railway Express Agency, 316 U.S. 350, 62 S.Ct. 1171, 86 L.Ed. 1525; cf. Illinois Steel Co. v. Baltimore & O.R.Co., 320 U.S. 508, 510-511, 64 S.Ct. 322, 323, 324 88 L.Ed. It cannot ......
  • Milan Exp. Co., Inc. v. Western Sur. Co., No. 88-5960
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • September 22, 1989
    ...the federal regulation of interstate commerce have historically been reviewed by the federal court. See Peyton v. Railway Express Agency, 316 U.S. 350, 62 S.Ct. 1171, 86 L.Ed. 1525 (1942); Louisville & Nashville R.R. Co. v. Rice, 247 U.S. 201, 38 S.Ct. 429, 62 L.Ed. 1071 (1918); Fallon, sup......
  • Ford Motor Co. v. Transport Indem. Co., Nos. 84-1735
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • June 30, 1986
    ...to the analogous "arising under" language in Section 1331, 28 U.S.C. Sec. 1331 (1982). See Peyton v. Railway Express Agency, Inc., 316 U.S. 350, 62 S.Ct. 1171, 86 L.Ed. 1525 (1942) (per curiam); Michigan Savings & Loan League v. Francis, 683 F.2d 957, 960 n.6 (6th Cir.1982). An action will ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT