Hart v. Pennsylvania Railroad Company

Melville C. Day and G. M. Stewart, for plaintiff in error.

E. W. Pattison and Newton Crane, for defendant in error.

Lawrence Hart brought this suit in a state court in Missouri against the Pennsylvania Railroad Company, to recover damages from it, as a common carrier, for the breach of a contract to transport, from Jersey City to St. Louis, five horses and other property. The petition alleges that, by the negligence of the defendant, one of the horses was killed and the others were injured, and the other property was destroyed, and claims damages to the amount of $19,800. After an answer and a reply, the plaintiff removed the suit into the circuit court of the United States for the Eastern district of Missouri, where it was tried by a jury, who found a verdict of $1,200 for the plaintiff; and, after a judgment accordingly, the plaintiff has brought this writ of error. The property was transported under a bill of lading issued by the defendant to the plaintiff, and signed by him, and reading as follows:

'BILL OF LADING.

'Form No. 39, N. J.

'Limited Liability Live-Stock Contract for United Railroads     of New Jersey Division. (No. 206.)

'JERSEY CITY STATION, P. R. R., ___, 187 _.

'Lawrence Hart delivered into safe and suitable cars of the     Pennsylvan a Railroad Company, numbered M. L. 224, for      transportation from Jersey City to St. Louis, Mo.,      live-stock, of the kind, as follows: one (1) car, five      horses, shipper's count; which has been received by said      company, for themselves and on behalf of connecting carriers,      for transportation, upon the following terms and conditions,      which are admitted and accepted by me as just and reasonable:

'First. To pay the freight thereon to said company at the     rate of ninety-four (94) cents per one hundred pounds,      (company's weight,) and all back freight and charges paid by      them, on the condition that the carrier assumes a liability      on the stock to the extent of the following agreed valuation:      If horses or mules, not exceeding two hundred dollars each;      if cattle or cows, not exceeding seventy-five dollars each;      if fat hogs or fat calves, not exceeding fifteen dollars      each; if sheep, lambs, stock hogs, or stock calves, not      exceeding five dollars each; if a chartered car, on the stock      and contents in same, twelve hundred dollars for the      car-load. But no carrier shall be liable for the acts of the     animals themselves, or to each other, such as biting,      kicking, goring, and smothering, nor for loss or damage      arising from condition of the animals themselves, which risks, being beyond      the control of the company, are hereby assumed by the owner,      and the carrier released therefrom.

'Second. Upon the arrival of the cars or boats containing     said stock at point of destination, the shipper, owner, or      consignee shall forthwith pay said freights and charges, and      receive said stock therein, and unload the same therefrom;      and if, from any cause, he or they shall fail or refuse to      pay, receive, or unload, as aforesaid, then said company or      other carrier, as the agent of such shipper, owner, or      consignee, may thereupon have them put and provided for in      some suitable place, at the cost and risk of such shipper,      owner, or consignee, and at any time or times thereafter may      sell the same, or any number of them, at public or private      sale, with or without notice, as said agent may deem      necessary or expedient, and apply the proceeds arising      therefrom, or so much thereof as may be needed, to the      payment of such freight and charges, and other necessary and      proper costs and expenses.

'Third. When necessary for said stock to be transported over     the line or lines of any other carrier or carriers to the      point of destination, delivery of the said stock may be made      to such other carrier or carriers for transportation, upon      such terms and conditions as the carrier may be willing to      accept: provided, that the terms and conditions of this bill      of lading shall inure to such carrier or carriers, unless      they shall otherwise stipulate; but in no event shall one      carrier be liable for the negligence of another.

'Fourth. All live-stock transported under this contract shall     be subject to a lien, and may be retained and sold for all      freight or charges due for transportation on other live-stock      or property transported for the same owner, shipper, or      consignee.

'Fifth. This company's liability is limited to the     transportation of said animals, and shall not begin until      they shall be loaded on board the boats or cars of the      company. The owner of said animals, or some person appointed     by him, shall go with, and take all requisite care of, the      said animals during their transportation and delivery, and      any omission to comply herewith SHALL BE AT THE OWNER'S RISK. WITNESS My hand and seal, this     twentieth daY of October, 1879.

LAWRENCE HART, Shipper. [L. S.]

'Attest:

'E. BUTTER.

'W. J. CHARMERS, Company's Agent.'

At the trial the plaintiff put in evidence the bill of lading, and gave testimony to prove the alleged negligence, and how the loss and injury occurred. He then offered to show that the actual value of the horse killed was $15,000; that the other horses were worth from $3,000 to $3,500 each; and that they were rendered comparatively worthless in consequence of their injuries. The defendant objected to this testimony, on the ground that it was not competent for the plaintiff to prove any damage or loss in excess of that set out in the bill of lading. The court sustained the objection and the plaintiff excepted. It appeared on the trial that the horses were race-horses, and that they and the other property were all in one car. It was admitted by the defendant that the damages sustained by the plaintiff were equal to the full amount expressed in the bill of lading. The court charged the jury as follows: 'It is competent for a shipper, by entering into a written contract, to stipulate the value of his property, and to limit the amount of his recovery in case it is lost. This is the plain agreement that the recovery shall not exceed the sum of two hundred dollars each for the horses, or twelve hundred dollars for a car-load. It is admitted here by counsel for the defendant, under this charge, that the plaintiff is entitled to recover a verdict for twelve hundred dollars, and also, under the charge of the court, the plaintiff agrees that that is all. It is simply your duty to find a verdict for that amount.' The plaintiff excepted to this charge. The errors assigned are that the court erred in refusing to permit the plaintiff to show the actual damages he had sustained, and in so charging the jury as to restrict their verdict to $1,200.

[Argument of Counsel from page 335 intentionally omitted]

BLATCHFORD, J.