Southern Pacific Co. v. StewartAnnotate this Case
248 U.S. 446 (1919)
U.S. Supreme Court
Southern Pacific Co. v. Stewart, 248 U.S. 446 (1919)
Southern Pacific Company v. Stewart
Submitted December 20, 1918
Decided January 13, 1919
248 U.S. 446
A stipulation in a contract governed by the Carmack Amendment for the interstate transportation of livestock released the carrier from all loss or damage unless a written claim therefor were made on the carrier's freight claim agent within ten days after unloading of the livestock. Held valid under St. Louis, Iron Mountain & Southern Ry. Co. v. Starbird,243 U. S. 592, and Erie R. Co. v. Stone, 244
U.S. 332, and observance not excused by the fact that the amount of the loss could not be ascertained within the period specified nor waived by the fact that the carrier, with knowledge of the situation, negotiated for a compromise before and after the period had expired.
233 F. 956 reversed.
The case is stated in the opinion.