Piper v. Boston & M. R. R.

• Decision Date: 06 May 1916
• Citation: 90 Vt. 176,97 A. 508
• Court: Vermont Supreme Court
• Parties: PIPER v. BOSTON & M. R. R.

97 A. 508

90 Vt. 176

PIPER

v. BOSTON & M. R. R.

Supreme Court of Vermont. Addison.

May 6, 1916.

Exceptions from Addison County Court; Willard W. Miles, Judge.

Action by E. G. Piper against the Boston & Maine Railroad Company, on case for negligence in the delay of a shipment in which defendant interposed the general issue with notice of special matter. Verdict and judgment for plaintiff, and defendant excepts. Affirmed.

A. R. Sturtevant and J. B. Donaway, both of Middlebury, and T. W. Moloney, of Rutland, for plaintiff. W. B. C. Stickney and Edwin W. Lawrence, both of Rutland, for defendant.

POWERS, J. The plaintiff shipped a carload of cows from Middlebury, Vt., to Union Market, in the state of Massachusetts. The Rutland railroad hauled the car to Bellows Falls, where it turned it over to the defendant. Owing to the negligence of the latter, the shipment was unduly delayed and did not arrive at its destination until after the market had closed for the week, and the cows had to be kept over. This fact, together with the fact that they were unfavorably affected by the delay, caused the damage which the plaintiff seeks to recover in this action. The shipment was made under what is known as the "uniform live stock contract," which contains, among others, the following provisions:

"The same has been received by said carrier for itself and on behalf of connecting carriers for transportation subject to official tariffs, classifications and rules of the said company, and upon the following terms and conditions, which are admitted and accepted by the said shipper as just and reasonable. * * * That in the event of any unusual delay or detention of said live stock caused by the negligence of said carrier or its employés or its connecting carriers or their employés, or otherwise, the said shipper agrees to accept as full compensation for all loss or damage sustained thereby, the amount actually expended by said shipper in the purchase of food and water for said stock while so detained. * * * And E. G. Piper hereby acknowledges that he had the option of shipping the above described live stock at a higher rate of freight according to the official tariffs, classifications and rules of the said carrier and connecting carriers, and thereby receiving the security of the liability of the said carrier and connecting railroad and transportation companies as common carriers of the said live stock on their respective roads and lines, but has voluntarily decided to ship same under this contract at the reduced rate of freight above first mentioned."

It appeared that the tariffs in effect at the time of this shipment, both those of the defendant company and those of the Rutland, provided for a rate of $42 per car when shipment was made under the uniform live stock contract, and a certain higher rate, otherwise; that these tariffs were duly filed, published, and posted agreeably to the requirements of the acts of Congress; and that a part of said tariffs so filed, published, and posted, known as the "official classification No. 38," contained a copy of the uniform live stock contract, together with the rules covering shipments thereunder, and otherwise. The question presented is this: In the circumstances shown, is the limitation of liability above set forth legal and binding?

The fact that the contract was made with the Rutland, and not with the defendant, is of no consequence, since any valid limitation of liability made by the initial carrier inures to the benefit of the successive carriers in the chain of transportation. Kansas City Southern Ry. Co. v. Carl, 227 U. S. 639, 33 Sup. Ct. 391, 57 L. Ed. 683; Harrison Granite Co. v. Grand Trunk Ry. System, 175 Mich. 144, 141 N. W. 642; Cranor v. Southern Ry. Co., 13 Ga. App. 86, 78 S. E. 1014.

The contract involved, being for an interstate shipment, the laws of Congress, and the decisions of the United States Supreme Court are, of course, so far as applicable, binding upon us. The paramount authority of Congress over the whole subject-matter of interstate carriage, and contracts and regulations regarding the same, is nowhere denied. If Congress omits action, room is left for the appplication of local laws and policies. Chicago, M. & St. P. Ry. Co. v. Solan, 169 U. S. 133, 18 Sup. Ct. 289, 42 L. Ed. 688; Penn. R. Co. v. Hughes, 191 U. S. 477, 24 Sup. Ct. 132, 48 L. Ed. 268. But once Congress acts, all such laws and policies are superseded, and its action becomes controlling. Adams Express Co. v. Croninger, 226 U. S. 491, 33 Sup. Ct. 148, 57 L. Ed. 314, 44 L. R. A. (N. S.) 257; Chicago, B. & Q. Ry. Co. v. Miller, 226 U. S. 513, 33 Sup. Ct 155, 57 L. Ed. 323; St. Louis & S. F. R. Co. v. Woodruff Mills, 105 Miss. 214, 62 South. 171; Missouri, K. & T. Ry. Co. v. Harris, 234 U. S. 412, 34 Sup. Ct. 790, 58 L. Ed. 1377, L. R. A. 1915E, 942.

That Congress has acted and taken over the whole subject-matter in such a manner as to supersede all special regulations, laws, and policies of particular states upon the subject of the carrier's liability for loss or damage to interstate shipments and contracts of carriage with respect thereto, is now established beyond question. Adams Express Co. v. Croninger, supra; Chicago, B. & Q. R. Co. v. Miller, supra; Chicago, St. P., M. & O. R. Co. v. Latta, 226 U. S. 519, 33 Sup. Ct. 155, 57 L. Ed. 328; Wells, F. & Co. v. Neiman-Marcus Co., 227 U. S. 469, 33 Sup. Ct. 267, 57 L. Ed. 600; Kansas City So. R. Co. v. Carl, supra; Missouri, K. & T. R. Co. v. Harriman, 227 U. S. 657, 33 Sup. Ct. 397, 57 L. Ed. 690; Chicago, R. I. & P. R. Co. v. Cramer, 232 U. S. 490, 34 Sup. Ct. 383, 58 L Ed. 697; Boston & M. R. v. Hooker, 233 U. S. 97, 34 Sup. Ct. 526, 58 L. Ed. 868, L. R A. 1915B, 450, Ann. Cas. 1915D, 593; Missouri, K. & T. R. Co. v. Harris, supra.

It is therefore wholly unnecessary to inquire what the standing of the stipulation in question would be before our law, for it is to be tested solely by the federal law.

By the common law, as declared by the federal Supreme Court, a carrier may, by a fair, open, just, and reasonable agreement, limit the amount recoverable by shipper, in case of loss or damage, to an agreed value made for the purpose of obtaining the lower of two or more rates proportioned to the risk. Adams Express Co. v. Croninger, supra, and cases cited. This right of an interstate carrier still exists, and is not forbidden or affected by the Interstate Commerce Acts. Id.; C., B. & Q. R. Co. v. Miller, supra; Missouri, K. & T. R. Co. v. Harriman, supra.

At common law, the burden was on the carrier to show that the contract was fair, open, just, and reasonable. Cleveland, etc., Ry. Co. v. Blind, 182 Ind. 398, 105 N. E. 483. Such, however, is not the law of this case. For here, the rates, schedules, and regulations were prepared and filed agreeably to the requirements of the federal statutes. They have therefore, so far as they are consistent with the law, all the force and standing of federal enactments. Penn. R. Co. v. International Coal Mining Co., 230 U. S. 184, 33 Sup. Ct 893, 57 L. Ed. 1446, Ann. Cas. 1915A, 315; Nye v. Daniels, 75 Vt. 81, 53 Atl 150; Taft v. Taft, 82 Vt. 64, 71 Atl. 831; State v. Peet, SO Vt. 449, 68 Atl. 661, 14 L. R. A. (N. S.) 677, 130 Am. St. Rep. 998. Provisions repugnant to the law, if any, do not of course, have this...