Chesapeake & Ohio Railway Co. v. Rebman & Clark

Citations

• 120 Va. 71
• 90 S.E. 629
• 1916 Va. LEXIS 158

Syllabus

<p>1. Carriers—Failure to Deliver Stock—Damages—Agreed, Valuation.—Under a bill of lading fixing a value upon live stock and providing that in no event shall the shipper recover a greater sum, the shipper is entitled to recover any damage less than such valuation which he can prove resulted from delay in delivery, although he realized in the market more than the amount of such valuation. This rule applies as well to negligent failure to deliver, as to delay in delivery.</p> <p>2. Carriers—Failure to Deliver Stock—Notice—Reasonable Time,— Notice to a carrier of a claim for damages for failure to deliver stock is within “a reasonable time” and is sufficient, when given without delay as soon as the negligence of the carrier which occasioned the loss was discovered, although the contract of carriage required notice to be given within five days after the stock were removed from the cars, or within a reasonable time thereafter.</p>