Southern Express Co. v. Rothenberg
Southern Express Co. v. Rothenberg
Opinion of the Court
delivered the opinion of the court.
The principles which make the action of the court below correct in this case have long been settled. The stipulations in the contract that the negligence of the railroad company could not be imputed to the express company, and that the liability of the express company should be only fifty dollars, no matter how great the value of the package lost, are both in plain violation of the public policy of this state. Telegraph Co. v. Wells, 82 Miss., 733 (35 South. Rep., 190); Hughes v. Pa. R. R. Co. (Pa.), 97 Am. St. Rep., 713, and note; Bank of Kentucky v. Adams Express Co., 93 U. S., 174 (23 L. ed., 872). See, specially, the note to Chicago, etc., R. R. Co. v. Calumet, etc., Farm (Ill.), 88 Am. St. Rep., 101.
Affirmed.
Reference
- Full Case Name
- Southern Express Company v. Marks Rothenberg
- Cited By
- 1 case
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- Published
- Syllabus
- Carriers. Empress companies. Stipulations against liability. Public policy. Negligence of railroad company. Limiting miount of liability. Stipulations in the contract of an express company for the carriage of goods are violative of public policy, and void, which provide: (a) That the negligence of the railroad company over whose road the goods are to be carried shall not he imputed to the express company; and (b) That, however great the value of a shipment, the express company’s liability for its loss shall not exceed fifty dollars.