Donohoo Horse & Mule Co. v. Missouri, Kansas & Texas Railway Co.

Citations

• 95 Kan. 681
• 149 P. 436
• 1915 Kan. LEXIS 274

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Interstate Shipment — Agreement—Limiting Liability for Damages — Limitation May Not be Increased by Subsequent Agreement. In an interstate shipment where the liability of the carrier is proportioned and limited under a just and reasonable agreement that in case of loss or injury the shipper shall recover no more than a certain valuation of the property transported which is fixed by an agreement made in consideration that the shipper shall have the lower of two rates the limitation enters into and becomes a part of the rate, and the parties can not by any compromise or agreement after a loss has occurred change the limitation and arrange for the payment of a greater amount than the value as fixed in the shipping contract and which became a factor of the rate charged.</p> <p>2. Same — Time within Which Action May be Brought — Subject to Waiver. The stipulation in a shipping - contract to the effect that in case of loss or injury to the property transported an action for recovery must be brought within a stipulated time is subject to waiver and estoppel by the parties.</p>