Missouri Pacific Railway Co. v. Baden

Citations

• 80 Kan. 405
• 102 P. 502
• 1909 Kan. LEXIS 80

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroads — Connecting Carriers — Statutory Liability of Receiving Carrier — Limitation by Contract. In Missouri there is a statute providing substantially that when property. is re-» ceived by a common carrier to be transported from one place to another or where it issues receipts or bills of lading it shall be liable for any loss, damage or injury to such property caused by its negligence or the negligence of a connecting carrier to which such property may be delivered or over whose line the property may pass. Under this provision a contract was made by a railway company in Missouri for a through shipment of goods from a station in Missouri on its own line, and also over that of a connecting carrier, to a destination in this state, and the goods not naving been delivered the railway company claimed that the loss occurred on the line of the connecting carrier and that because of a clause in the bill of lading purporting to limit its liability to loss or damage occurring on its own line it was not responsible for the loss of the goods shipped under the contract. Held, that as the initial carrier contracted to carry the goods through to destination it became liable under the statute quoted for the negligence of the connecting carrier, notwithstanding the clause purporting to limit its liability to the loss occurring on its own line.</p>