Abell v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 100 Kan. 238
• 164 P. 269
• 1917 Kan. LEXIS 301

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Live Stock — Interstate Shipping Contraot — Written Notice of Claim for Damages May Not be Waived. Where parties stipulate in a contract for an interstate shipment of live stock that before there can be a recovery against the carrier for loss or injury to the stock occurring during transportation or previous to the loading thereof the shipper or his agent in charge of the cattle must give written notice of his claim to an officer of the company or the station agent before the stock are removed from the place of destination or before they are slaughtered or intermingled with other stock, the carrier may not, under the federal law, waive the requirement of written notice of such claim by the shipper nor dispense with notice of a claim from one shipper and require- it from another, and without such written notice there can be no recovery-although the carrier may have had actual and complete notice of the claim of the shipper.</p>