Castner v. Oregon-Washington Railroad & Navigation Co.

Citations

• 89 Wash. 694
• 155 P. 167
• 1916 Wash. LEXIS 856

Syllabus

<p>Cabbiebs — Cabbiage of Live Stock — Notice oe Claim. Presentation of a claim for injuries to stock, called for in the contract of carriage, is not a condition precedent to action, where, upon complaint of injury en route, the railroad company caused the stock to be unloaded and examined by veterinary surgeons to determine the extent of the injury; since the company received the protection accorded by the stipulation in the contract of carriage that all claims for loss or damage are waived unless presented within ten days from the date of unloading of the stock at destination and before mingling with other stock, and therefore cannot complain of want of notice.</p> <p>Same — Cabbiage op Live Stock — Limited Liability — Appobtionment. Under a limited liability live stock contract of carriage, agreeing that the value of the live stock transported shall not exceed $30 per head, and in no event shall the carrier’s liability exceed $1,000, injury to any animal may be recovered to the extent of $30, whether entirely destroyed or not, and the carrier is not entitled to have the damages reduced to a proportionate part of the agreed value of $30 per head.</p>