United States Supreme Court Cases & Opinions

U.S. Supreme Court

The Ansaldo San Giorgio I v. Rheinstrom Brothers Co., 294 U.S. 494 (1935)

The Ansaldo San Giorgio I v. Rheinstrom Brothers Co.

No. 521

Argued February 13, 1935

Decided March 4, 1935

294 U.S. 494

Syllabus

1. As a general rule, the measure of damages recoverable from a common carrier for the loss of or damage to the goods is the value of the goods at destination, in the condition they were in when shipped, less the actual arrived value. P. 294 U. S. 496.

2. A clause in a bill of lading providing that claims for loss or damage "shall be adjusted on the basis of the invoice value of the entire shipment," thereby relieving the carrier of liability irrespective of its negligence, where the market value of the shipment at destination, after deduction of loss and damage, was more than the invoice value of the whole shipment, is contrary to public policy, and void. P. 294 U. S. 498.

3. The agreement cannot be sustained even though supported by a valid consideration, and cannot estop the shipper from claiming damages measured according to the general rule. Id.

73 F.2d 40 affirmed.

Certiorari, 293 U.S. 551, to review a judgment reversing a judgment of the District Court upon a libel to recover for damages to cargo.