Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Messrs. Benjamin D. Holt and Edward A. Foote, both of Cleveland, Ohio, for petitioner.
Messrs. D. K. Henderson and E. P. Chamberlin, both of Cleveland, Ohio, for respondent.
Mr. Justice McREYNOLDS delivered the opinion of the Court.
Respondent sued for the value of a lost package described by the bill of lading as 'one box bedding,' weighing 280 pounds, which actually contained 'miscellaneous household articles, together with two quilts and two pair woolen blankets.' In defense the railroad insisted that he misrepresented the true character of the contents and thereby prevented it from obtaining a released valuation which, according to the rate paid and provisions of the published tariffs, would not have exceeded $28.
The writ must be dismissed. The inducing petition failed to give adequate information concerning the record [266 U.S. 185, 186] and essential facts. Furness, Withy & Co. v. Yang-Tsze Insurance Asso., 242 U.S. 430 , 37 S. Ct. 141; Layne & Bowler Corp. v. Western Well Works, 261 U.S. 387 , 43 S. Ct. 422; Southern Power Co. v. North Carolina Public Service Co., 263 U.S. 508 , 44 S. Ct. 164. The confused state of the record renders it difficult to ascertain the facts; maybe impossible. The petition for certiorari seemed to represent that at time of shipment the consignor accepted a bill of lading misdescribing the contents of the package and accepted a rate based upon limited liability, as he must have known.
It appears, however, that the shipper correctly reported the contents to the railroad, that he was not asked concerning value and made no representations relative thereto, that no rate was quoted, and that the undisclosed charges were to be collected at destination. The bill of lading contained no statement of value or rate and no provision restricting the carrier's liability to less than the actual worth. Section 8 provides:
See New York Central R. Co. v. Goldberg, 250 U.S. 85, 87 , 39 S. Ct. 402.
The case tendered by the petition is radically different from the one presented upon the argument.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Citation: 266 U.S. 185
Docket No: No. 51
Argued: October 08, 1924
Decided: November 17, 1924
Court: United States Supreme Court
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
FindLaw for Legal Professionals
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)