Illinois Central Railroad v. Bogard

Citations

• 78 Miss. 11

Syllabus

<p>1. Common Carrier. Freight. Insurer. General rule.</p> <p>A common carrier of freight is, as a general rule, an insurer, and nothing exonerates him from the obligation to deliver at the point of destination except the act of God, the public enemy, or the conduct of the shipper.</p> <p>2. Same. Exceptions. Nature of freight. Vis major.</p> <p>To the general rule an exception is made in case the damage or loss is occasioned by the nature of the freight itself, and the carrier may be exonerated when the loss results from an outside force, a vis major, not technically to be classed as that of a public enemy.</p> <p>3. Same. Measure of damages.</p> <p>The measure of damages for nondelivery by a common carrier is the value of the freight at place of destination.</p> <p>4. Same. Contract. Negligence. Exemption from.</p> <p>A common carrier cannot contract for exemption from damages arising from his own neg-ligence, even to the extent of limiting his liability to values at place of shipment.</p> <p>.5. Same. Dematid in writing under oath. Waiver.</p> <p>If a contract of affreightment provide that a claim for damages shall not be valid unless presented to an agent of the carrier in writing, under oath, within a limited time, the provision will not avail the carrier where the shipper wrote to the agent within the time touching the claim, and was answered by the agent that he had referred the matter for investigation, and subsequently received two letters from the carrier on the subject, no objection being made that the claim had not been propounded under oath.</p>