Atlantic Coast Line Railroad v. Hinely-Stephens Co.

Citations

• 64 Fla. 175

Syllabus

<p>1. The doctrine of the common law which holds the carrier to the liability of an insurer does not deny to the parties to the shipment the right to enter into contracts with reference to this liability, and it is well settled that the owner and the carrier may, by contract, provide for a limitation of the carrier’s liability that is not illegal or unreasonable.</p> <p>2. Whenever a railroad company receives cattle or live stock and undertakes to transport the same for hire, such company assumes the relation of a common carrier and becomes chargeable with the duties and obligations which are incident to that relation, except so far as such duties and responsibilities may legally be modified by special contract.</p> <p>3. The settled rule in (lie United States is that an acceptance by a shipper or his agent of a receipt or bill of lading containing a limitation of the carrier’s liability is binding on him when the limitation is not illegal or unreasonable.</p> <p>4. Where there is a deviation from a special contract route, such deviation abrogates every feature of the contract of carriage, including an agreed value of the live stock transported made in consideration of a reduced freight rate.</p>