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

> Supreme Court of North Carolina · November 20, 1912 · 160 N.C. 215

URL: https://www.frixlaw.com/law-library/cases/9808464

## Case

- **Full name:** J. M. Pace Mule Company v. Seaboard Air Line Railway Company.
- **Court:** Supreme Court of North Carolina
- **Decided:** November 20, 1912
- **Citations:** 160 N.C. 215; 76 S.E. 513; 1912 N.C. LEXIS 145
- **Precedential status:** Published
- **Opinion:** Concurrence by Clark
- **Judges:** AlleN, Brown, Clark, WalkeR
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9808464

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9808464. Public record. Not legal advice.