Cherokee Sawmill Co. v. Nashville, Chattanooga & St. Louis Railway
Cherokee Sawmill Co. v. Nashville, Chattanooga & St. Louis Railway
Opinion of the Court
1. A stipulation in a bill of lading issued by a common carrier, that the carrier can not be held liable for any injuries inflicted upon live stock transported by it, unless suit therefor is brought within six months aftér the right of action accrues, is not unreasonable, and is valid and binding. Missouri, Kansas & Texas R. Co. v. Harriman, 227 U. S. 657, 673 (33 Sup. Ct. 397, 57 L. ed. 690, 698); Maxwell v. Liverpool Ins. Co., 12 Ga. App. 127 (76 S. E. 1036).
2. Such a stipulation as is mentioned above takes the place of the statute of limitations and is governed by the same rules; and where fraud is relied upon to prevent the bar of the statute or the superseding stipulation from attaching, it must be such fraud as involves moral turpitude. Austin v. Raiford, 68 Ga. 201; Maxwell v. Walsh, 117 Ga. 467,
3. Under these rulings the court did not err in dismissing the plaintiff’s petition on general demurrer.
Judgment affirmed.
Reference
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- Cherokee Sawmill Company v. Nashville, Chattanooga and St. Louis Railway
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