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

Citations

• 103 Kan. 668
• 175 P. 980
• 1918 Kan. LEXIS 350

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Shipping Contract — Personal Injuries — Limitation of Action. Under the terms of a livestock contract with the railway company, the plaintiff shipped a load of cattle, traveling with his shipment as caretaker, without charge other than that paid for the transportation of the cattle, and while on the journey he sustained injuries through the negligent operation of the defendant’s train. A provision of the contract was that no action should be maintained by him against the defendant for the recovery of any damage accruing or arising out of the contract of shipment unless it was brought within six months after the occurrence of the loss or damage. In an action brought under tha contract more than six months after the injury, to recover the damages sustained by him, it is held that the stipulation is valid and enforceable and that it applies to actions to recover for injuries to the shipper as well as actions to recover for injury to the stock shipped.</p> <p>2. Same — Contract Partly Valid, Partly Invalid. The fact that there was included in the contract a nonenforceable provision releasing the defendant from its own negligence did not destroy the entire contract nor invalidate a provision relating to the time within which actions must be brought upon Ihe contract.</p>