Payne v. Adams Express Co.

Citations

• 108 Kan. 327
• 195 P. 860
• 1921 Kan. LEXIS 40

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Carrier — Express Company — Receipt Limiting Amount of Recovery in Case of Loss — Limitation Void. In August, 1915, the express company received two trunks for interstate transportation. The trunks were locked and strapped, and their contents were hidden from view. The carrier did not ask or require the shipper to state the character or value of the articles in the trunks, or any of them, the shipper gave no such information, and the shipper did not dictate or suggest what the receipt given him should contain. The receipt contained an agreement limiting amount of recovery in case of loss. Held, the limitation was void, under the provisions of 38 U. S. Stat. 1196, ch. 176, § 1, which was in, force at the time.</p>