Va. & Tenn. R. R. v. Sayers

Citations

• 26 Va. 328
• 26 Gratt. 328

Syllabus

<p>I. It seems a railroad company may, by express contract or notice brought home to the employer, relieve itself from its liability as insurer of freight, or for money or valuable articles liable to be stolen or damaged, unless apprized of their character and value, or for articles liable to rapid decay, or for live animals liable to get unruly from fright and to injure themselves in that state, when such articles or animals become injured without the fault or negligence of the company or its agents.</p> <p>2. But a railroad company cannot by express contract, though upon the consideration of a reduced charge upon the freight, relieve itself from its liability, as carrier of the freight, for injury to or loss of the freight resulting in any degree from the want of care or faithfulness of themselves or their agents.</p> <p>3. S, a cattle dealer, delivered on the 3d of January 1870, to the Va. & Ten. R. Co. at M, a station on said railroad, a lot of fat cattle, for transportation to Lynchburg, then the eastern terminus of the road. The cattle were received by the agent of the company, and a paper, in the usual form, signed by the agent, was delivered to and accepted by S. By this paper it was provided, that in consideration of the reduced charge for freight by the company, it was agreed, that S should release the company from all injury, loss and damage or depreciation which the animals, or either of them, may suffer in consequence, &c.—specifying several modes of injury—and from all other damage incidental to railroad transportation, which shall not be established to have been caused by the gross negligence or delinquency of any of the officers or agents of the said railroad company. The cattle of S were all destroyed in consequence of the car in which they were carried being precipitated over the Otter bridge on said railroad, between M and Lynchburg. Held :</p> <p>That notwithstanding the contract, the company-is responsible the damage was caused by any negligence