Carpenter v. Baltimore & Ohio Railroad

Citations

• 22 Del. 15
• 6 Penne. 15
• 64 A. 252
• 1906 Del. LEXIS 14

Syllabus

<p>Case—Damage to Piano in Transportation—Common Carrier; Liability of— General rule—Exceptions—Special Agreement; Limiting Liability; Effect of—Damages— Interest.</p> <p>1. A common carrier is one who undertakes and exercises, as a public employment, the transportation or carriage of goods for persons generally, from place to place, whether by land or water, and to deliver them at the place appointed, for hire or reward, and with or without a special agreement as to price. He is bound to exercise the strictest care, and to deliver safely at their place of destination, the goods entrusted to him. He is regarded by the law in the light of an insurer.</p> <p>2. The carrier, however, is not held responsible for loss or injury, occasioned by bad or imperfect packing, or other carelessness or negligence of the shipper; or for ordinary wear and tear and chafing of the goods in the course of their transportation,, or for their ordinary loss or deterioration in quantity or quality, or for any inherent natural infirmity or tendency to damage, depreciation or decay, etc.</p> <p>3. Where goods are injured during transportation, under such circumstances as to render the carrier liable, the measure of damage is the difference between the value of the goods in their damaged state and what would have been their value if delivered in good order, unless there was a special agreement between the parties fixing some other mode for the ascertainment of such damages.</p> <p>4. Where there is a contract fairly made between the shipper and common carrier, whereby, in consideration of a reduced rate of freight, it is agreed, that in case of loss or injury, the carrier shall be liable only to the extent of an agreed valuation of the goods, such contract is valid and will operate as a limitation upon the liability of the carrier. But it is incumbent on the carrier to prove such special agreement to the satisfaction of the jury, and upon failure so to do, the said common law rule prevails.</p