United States Watch Case Co. v. Southern Express Co.
Cases that cite this one
6 later published cases cite this decision.
- Spengler v. Employers Commercial Union Insurance (Ga. Ct. App. 1974)
- Forney v. Seaboard Air Line Railway Co. (N.C. 1914)
- Southern Ry. Co. v. Mooresville Cotton Mills (4th Cir. 1911)
- Deans v. Atlantic Coast Line Railroad (N.C. 1910)
- Mfg. Co. v. . R. R. (N.C. 1901)
- Gwyn Harper Manufacturing Co. v. Carolina Central Railroad (N.C. 1901)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The stipulation that the defendant should not be liable for loss or damage, unless demand was made in writing within thirty days from the date of bill of lading, was held an unreasonable restriction of the common law liability of a common carrier and void in Cigar Co. v. Express Co., ante. Rut, aside from that, the defendant waived this stipulation and is estopped by answering plaintiff’s demand for return of the package that it was searching for it, and then, when it was found, accepting plaintiff’s instruction to sell the same. It was not until July, 1893, that the defendant notified the plaintiff that the package was stolen. The demand' in writing was made within 30 days, and action was brough-r within 3 years (The Code, 155, (1) after that date.
No Error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.