Wallingford v. Atchison, Topeka & Santa Fe Railway Co.

Citations

• 101 Kan. 544
• 167 P. 1136
• 1917 Kan. LEXIS 141

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Shipping Wheat — Bill of Lading- — -Provision’ for Determining Value in Case of Loss Upheld. A provision in a bill of lading that the amount of any loss or damage for which the carrier is liable shall be computed on the basis of the value of the property (being the bona fide invoice price, if any, to' the consignee, including the freight charges, if prepaid) at the place and time of shipment is held to be reasonable and valid and intended merely to establish a rule for determining the value of the property in case of loss, and not to limit or diminish the carrier’s liability.</p> <p>2. Same — Wrongful Delivery — Measure of Damages. In this case it is . held that such a provision in the bill of lading precludes the recovery by the shipper for the difference between the market value of wheat at the place of delivery and the contract price at which he had sold the same, the measure of damages being the difference between the price which the wheat sold for at the place where it was delivered and the invoice price or fair market value at point and time of shipment.</p>