Brown v. Arams Express Co.

Citations

• 15 W. Va. 812
• 1879 W. Va. LEXIS 61

Syllabus

<p>1. A common caiiier for hire by special contract based on a valuable consideration may exempthimself from his common law responsibilities in some respects, but cannot exempt hims~lf from loss or damage which may in any degree be ~aused by the negligence or misfeasance of himself or his servants..</p> <p>2. A common carrier does not by limiting his common law liabilities by special contract thereby become a private carrier; and if loss is sustained, the burden of proof is on him to show, not only that such loss arose from a cause from which he was exempted from responsibility by the terms of his special contract, but also that it arose from no negligence or misfeasance of himself or his servants.</p> <p>3. A common carrier' cannot limit his common law responsibilities by any general notice, though knowledge of such general notice be brought home to the consignor before or at the time he applied to have his goods transported.</p>