Scattergood v. Michigan Central Railroad

Citations

• 69 Pa. Super. 367
• 1918 Pa. Super. LEXIS 398

Syllabus

<p>Carriers — Common carriers — Railroads — Interstate commerce —Bill of lading — Notice of loss — Waiver.</p> <p>A railroad company cannot waive a stipulation in an interstate bill of lading requiring that “claims for loss or damages must be made in writing to the agent at point of delivery promptly after arrival of the property, and if delayed for more than thirty days thereafter, no carrier hereunder shall be liable in any event.” The construction of such a bill of lading involves a Federal question, and under the Federal decisions the carrier can no more release the shipper from the stipulation as to notice than it could excuse him from the payment of the established freight rate.</p>