The opinion
Clark, 0. J.,
concurring: No question as to rates, nor as to the power of the Interstate Commerce Commission to regu *238 late rates, arises in tbis case. Tbe sole question is whether under the guise of fixing rates the carrier can. make a collateral stipulation which shall relieve it from payment in part of damages sustained by the shipper because of the negligence of the carrier. If the carrier could thus relieve itself by contract of part of the consequence of its negligence, it could relieve itself altogether. It is well settled that this cannot be done. Besides the authorities cited in the opinion of Mr. Justice Allen in this case, they can be found collected in the opinion of Mr. Justice Walker in Kime v. R. R., at this term.
The carrier can relieve itself by contract, in proper cases and for a reasonable consideration, from its liability as insurer, but it cannot stipulate to be relieved either in whole or in part from liability to pay for damages caused by its negligence.