United States Supreme Court Cases & Opinions

U.S. Supreme Court

Lancaster v. McCarty, 267 U.S. 427 (1925)

Lancaster v. McCarty

No. 148

Submitted December 11, 1924

Decided March 9, 1925

267 U.S. 427

Syllabus

The second Cummins Amendment (August 9, 1916, c. 301, 39 Stat. 441), authorizing carriers to limit liability upon property received for transportation to the value declared in writing by the shipper, where the rates are based on such value pursuant to authority from the Interstate Commerce Commission, held applicable, and controlling the state law, in respect of a claim for damage to goods

Page 267 U. S. 428

shipped intrastate between two points in Texas subject to tariff and classification adopted by the carrier pursuant to an order of the Commission requiring the carrier to remove discrimination against interstate commerce resulting from lower intrastate rates. Shreveport Case, 234 U. S. 342. P. 267 U. S. 430.

248 S.W. 816 reversed.

Error to a judgment of the Court of Civil Appeals of Texas sustaining a recovery from the receivers of the Railway for damages to goods shipped.