Summerlin v. Seaboard Air Line Railway

Citations

• 56 Fla. 687

Syllabus

<p>1. The liability of a common carrier as an insurer does not extend to any damage resulting from an intrinsic cause against which care and foresight could not provide, for such cause is within the principle which excuses common carriers from loss or damage resulting from the act of God. Under this rule the liability of the carrier undertaking to transport live stock for those who choose to employ him, does nc>t extend to any damage resulting from the nature, disposition or viciousness of the animal.</p> <p>2. The doctrine of the common law which holds the carrier to the liability of an insurer does not deny to the parties to the shipment the right to enter into contracts with reference to this liability, and it is well settled that the owner and the 'carrier may, by contract, provide for a limitation of the carrier’s liability that is not illegal or unreasonable.</p> <p>3. Whenever a railroad company receives cattle or live stock and undertakes to transport the same for hire, such company assumes the relation of a common carrier and becomes chargeable with the duties and obligations which are incident to that relation, except so far as such duties and responsibilities may legally be modified by special contract.</p> <p>4. A common carrier of goods cannot legally stipulate for exemption from liability for losses occasioned by its own negligence, or that of its agents or servants, and all stipulations for exemption from negligence, whether gross or ordinary, are ineffectual. A failure to exercise the care and diligence due from railroad companies as common carriers is negligence, without any legal distinction as being gross or ordinary.</p>