Metz v. Chicago, Rock Island & Pacific Railway Co.

Citations

• 90 Kan. 460
• 135 P. 667
• 1913 Kan. LEXIS 242

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Interstate Shipping Contract — Governed by United States Statutes and Federal Decisions. The shipment from Burr Oak, 111., to Abilene, Kan., was an interstate shipment and was governed by the statutes of the United States- and the federal decisions interpreting those statutes.</p> <p>2. -=- A Maximum Valuation of Property Shipped May be Agreed Upon. The law applicable to this case is determined by the supreme court of the United States in the Croninger case, cited in the opinion, as follows: “A common carrier can not exempt himself from liability for his own negligence or that of his employees, but the rigor of this rule may be modified by a fair, reasonable and just agreement with the shipper which does not include exemption from such negligence; and the right to receive compensation commensurate with the risk involves the right to agree upon rates proportionate with the value of the property transported.”</p>