Enderstein v. Atchison, T. & S. F. Ry. Co.

Citations

• 21 N.M. 548
• 157 P. 670

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Where the appellant alleges that an interstate shipment was made by her agent, she is not in position to question the authority of the agent to place upon the same a released valuation, limiting the liability of the carrier. P. 552</p> <p>2. Where appellant fails to request findings and conclusions by the trial court, and fails to call attention to the omission, such omission is not available here. P. 553</p> <p>3. A shipper of an interstate shipment is conclusively presumed to know the shipping rate according to the printed and posted tariffs filed with the Interstate Commerce Commission, and that rate automatically attaches to each shipment according to the declared value thereof.</p> <p>P. 553</p> <p>4. A limitation of liability of an interstate carrier, based upon the declared value of a shipment, is not a contract exempting the carrier from its own negligence.</p> <p>P. 555</p>