Fern v. Adams Express Co.

Citations

• 51 Pa. Super. 204
• 1912 Pa. Super. LEXIS 204

Syllabus

<p>Carriers — Common carriers — Express company — Limitation upon liability — Interstate commerce.</p> <p>1. In an action by a shipper against an initial carrier for the loss of goods by a connecting carrier, where the latter received the goods beyond the limits of Pennsylvania, and the bill of lading contains a provision to the effect that the shipper agrees that the value of the property is not more than $50.00, unless a greater value is stated, and also provides that the goods may be delivered to a connecting shipper, the shipper may maintain the action against the initial carrier under the interstate commerce act and its supplements, but is limited in his recovery to $50.00, if he has not stated a greater value. In such a case as the loss is not caused by the negligence of the initial carrier, the limitation of liability, is valid under the law of Pennsylvania.</p> <p>2. No policy of the state of Pennsylvania prohibits a contract of a common carrier limiting liability where the loss or injury does not result from negligence. The interstate commerce act does not impose' upon this state a different rule. It charges the initial carrier with a responsibility beyond that to which such carrier was previously held' by the law of Pennsylvania, but it does not contain a prohibition against an agreement between a shipper and carrier by the terms of which the value of the property is agreed on in advance as a measure of damages.</p>