Opinion

J. M. Pace Mule Co. v. Seaboard Air Line Railway Co.

  • 160 N.C. 215
  • 76 S.E. 513
  • 1912 N.C. LEXIS 145
Court
Supreme Court of North Carolina
Filed
Nov 20, 1912
Status
Published
Author
Clark
On the bench
AlleN, Brown, Clark, WalkeR
Cited by
7 cases

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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