Missouri, Kansas & Texas Ry. Co. v. Ward, 244 U.S. 383 (1917)
U.S. Supreme CourtMissouri, Kansas & Texas Ry. Co. v. Ward, 244 U.S. 383 (1917)
Missouri, Kansas & Texas Railway Company v. Ward
Submitted April 30, 1917
Decided June 4, 1917
244 U.S. 383
Under the Carmack Amendment, the bill of lading issued by the initial carrier governs the entire transportation; the liability of each participating carrier is fixed by its valid, applicable terms, and new conditions
cannot be introduced by a connecting carrier through a second bill of lading.
Without there being any break in the transportation or readjustment of rates, a connecting carrier issued a second bill of lading containing a stipulation, not in the original bill, by which its liability for damages was made conditional on service of a written claim within a certain time. Held that the shipper's acceptance of the new bill was without effect upon the rights of the parties.
Under the Carmack Amendment, acceptance by the shipper without consideration of a second bill of lading governing a part of the through transportation and which contain new terms more favorable to the carrier is without effect.
169 S.W. 1035 affirmed.
The case is stated in the opinion.