Missouri, Kansas & Texas Railway Co. v. Ward

Citations

• 244 U.S. 383
• 37 S. Ct. 617
• 61 L. Ed. 1213
• 1917 U.S. LEXIS 1650

Syllabus

<p>Under the Carmack Amendment, the bill of lading issued by the initial carrier governs the entire transportation; the liability of each participating carrier is fixed by its valid, applicable terms; and new conditions can not be introduced by a connecting carrier .through a second bill of lading.</p> <p>Without there being any break in the transportation or readjustment of rates, a connecting carrier issued a second bill of lading containing a stipulation, not in the original bill, by which its liability for damages was made conditional on service of a written claim within a certain time. Held, that the shipper’s acceptance of the new bill was without effect upon the rights of the parties.</p> <p>Under the Carmack Amendment, acceptance by the shipper without consideration of a second bill of lading governing a part of the through transportation and which contains new terms more favorable to the carrier is without effect.</p>