Judson Freight etc. Co., 268 Ill. 558, 109 N. E. 286, holding under Carmack Amendment of 1906, shipper's recovery for loss on interstate shipment is limited to valuation in published tariff schedules, where shipper places lower valuation on goods to secure lower rate; Lefebure v. American Express Co., 160 Iowa, 72, 139 N. W. 1124, applying rule in action for loss of property in interstate shipment, where bill of lading accepted by shipper had notice that charge is based upon valuation printed across its face in bold type; Collins v. Union Pac. R. Co., 96 Kan. 584, 152 Pac. 651, holding shipper signing bill of lading for interstate shipment is bound by valuation contained therein, and denying recovery of actual value; Christt v. Missouri Pac. Ry. Co., 92 Kan. 582, 141 Pac. 588, holding shipper signing contract for interstate shipment limiting valuation to specified amount is presumed to know existence of two rates in filed tariff schedules, and denying recovery for more than amount specified; Aldrich v. Southern Ry. Co., 95 S. C. 431, 79 S. E. 318, allowing recovery in action for damages for refusal of carrier to receive interstate shipment at filed rates.

Distinguished in Cleveland etc. R. Co. v. Blind, 182 Ind. 422, 105 N. E. 492, holding act of February 27, 1905, is special, and is not repealed by act of February 28, 1905, and burden is upon carrier to prove contract limiting liability is reasonable and not entered into without opportunity to ship with unlimited liability.

Common carrier cannot exempt himself from liability for his own negligence or that of his servants.

Approved in Donovan v. Wells, Fargo & Co., 265 Mo. 305, 177 S. W. 843, upholding contract limiting liability of carrier for injury to interstate shipment to declared value in consideration of lower rate, and denying recovery of full value, although carrier knew actual value; Hunt v. St. Louis etc. Ry. Co., 187 Mo. App. 645, 173 S. W. 62, holding evidence of negligence insufficient to support finding that carrier's delay in interstate shipment of livestock was unreasonable.

Distinguished in Keithley v. Lusk, 190 Mo. App. 467, 468, 177 S. W. 759, allowing recovery in action against initial carrier for injury to interstate shipment through negligence of connecting carrier where through shipment was undertaken by verbal contract, although no through bill of lading was issued as required by Carmack Amendment; dissenting opinion in Boston etc. R. R. Co. v. Hooker, 233 U. S. 139, Ann. Cas. 1915D, 593, L. R. A. 1915B, 450, 58 L. Ed. 886, 34 Sup. Ct. 526, majority holding limitation of liability for passenger's baggage in filed tariff schedules required by Interstate Commerce Act is binding upon passenger accepting check and failing to declare value and to pay higher rate, regardless of actual notice or assent to limitation.

Carmack Amendment does not, as to interstate shipments, abrogate common-law rule that carrier may by fair, open, just, and reasonable agree

ment, limit amount recoverable by shipper for loss or damage to agreed value made for purpose of obtaining lower of two or more rates of charges proportioned to amount of risk.

Approved in St. Louis etc. R. R. Co. v. Mounts, 241 U. S. 654, 60 L. Ed. 1224, 36 Sup. Ct. 725, and Chicago etc. Ry. Co. v. Miller, 226 U. S. 518, 57 L. Ed. 327, 328, 33 Sup. Ct. 155, both following rule; Southern Express Co. v. Byers, 240 U. S. 614, 60 L. Ed. 827, 36 Sup. Ct. 411, holding exclusion from evidence of filed rate schedules in action for damages for delay in interstate shipment was error, where consideration of schedules was necessary to determine validity and effect of restrictions upon liability in bill of lading; New York etc. Ry. Co. v. Peninsula Produce Exchange, 240 U. S. 42, 60 L. Ed. 516, 36 Sup. Ct. 233, holding provision of filed tariff schedule that carrier is not bound to transport by particular train or vessel, or in time for particular market, or otherwise than with reasonable dispatch, does not relieve carrier from liability for delay in tranporting and delivering interstate shipment; Cleveland etc. Ry. Co. v. Dettlebach, 239 U. S. 591, 60 L. Ed. 456, 36 Sup. Ct. 179, holding under Carmack Amendment limitation of liability of carrier for every service rendered to which shipper agreed for purpose of obtaining lower of two rates is binding and applies to liability of carrier as warehouseman of goods after arrival at destination; George N. Pierce Co. v. Wells Fargo & Co., 236 U. S. 280, 283, 285, 59 L. Ed. 581, 582, 35 Sup. Ct. 351, upholding limitation of liability in filed tariff rates for interstate shipment of automobiles, regardless of disproportion between such agreed value and actual value; Boston etc. R. R. Co. v. Hooker, 233 U. S. 120, 121, Ann. Cas. 1915D, 593, L. R. A. 1915B, 450, 58 L. Ed. 879, 34 Sup. Ct. 526, limitation of liability for passenger's baggage in filed tariff schedules, required by Interstate Commerce Act of 1906, is binding upon passenger accepting check in absence of declaration of value and payment of higher rate, regardless of actual notice or assent to limitation; Great Northern Ry. Co. v. O'Connor, 232 U. S. 512, 58 L. Ed. 705, 34 Sup. Ct. 380, 8 N. C. C. A. 60, holding limitation of liability in filed tariff rates for interstate shipments is binding upon shipper; Missouri etc. Ry. Co. v. Harriman Bros., 227 U. S. 672, 57 L. Ed. 698, 33 Sup. Ct. 397, upholding stipulation in contract for interstate shipment requiring suit to be brought within ninety days from happening of loss or damage; Kansas City Southern Ry. Co. v. Carl, 227 U. S. 649, 57 L. Ed. 687, 33 Sup. Ct. 391, holding valuation agreement between shipper and initial carrier is valid and inures to benefit of connecting carrier under Carmack Amendment, and denying recovery of full value of goods lost in interstate shipment; J. S. Appel Suit etc. Co. v. Platt, 55 Colo. 48, 49, 132 Pac. 72, Nashville etc. Railway v. Truitt Co., 17 Ga. App. 236, 86 S. E. 421, Nashville etc. Ry. v. Truitt Co., 14 Ga. App. 771, 82 S. E. 467, Lefebure v. American Express Co., 160 Iowa, 68, 139 N. W. 1123, Metz v. Chicago etc. Ry. Co., 90 Kan. 462, 135 Pac. 668, Southern Nursery Co.

v. Winfield Nursery Co., 89 Kan. 528, 529, 530, 132 Pac. 151, 152, Cineinnati etc. Ry. Co. v. Dodd, 153 Ky. 847, 156 S. W. 895, Cincinnati etc. Ry. Co. v. Rankin, 153 Ky. 734, 735, 45 L. R. A. (N. S.) 529, 156 S. W. 402, 403, Johnson v. New York etc. R. Co., 217 Mass. 207, 104 N. E. 446, Jones v. Southern Express Co., 104 Miss. 130, 61 South. 166, Donovan v. Wells, Fargo & Co., 265 Mo. 305, 177 S. W. 843, Ball v. Lusk, 189 Mo. App. 301, 175 S. W. 239, Thomas Bros. v. St. Louis etc. R. Co., 188 Mo. App. 35, 173 S. W. 99, American Express Co. v. Merten, 42 Okl. 497, 141 Pac. 1171, 8 N. C. C. A. 131, Missouri etc. Ry. Co. v. Walston, 37 Okl. 520, 133 Pac. 43, St. Louis etc. R. Co. v. Bilby, 35 Okl. 603, 130 Pac. 1096, J. T. Rather & Co. v. Nashville etc. Ry. Co., 131 Tenn. 295, 297, 174 S. W. 1115, and Wells, Fargo & Co. v. Neiman-Marcus Co., 227 U. S. 474, 475, 57 L. Ed. 602, 33 Sup. Ct. 267, all upholding limitation of liability to stated amount in contract for interstate shipment, where such valuation is made for purpose of applying lower of two rates; Chicago etc. Ry. Co. v. Latta, 226 U. S. 520, 57 L. Ed. 330, 33 Sup. Ct. 155, holding limitation of liability in contract for interstate shipment for purpose of obtaining lower of two rates is valid under Carmack Amendment of 1906; Chicago etc. Ry. Co. v. Miller, 226 U. S. 517, 518, 57 L. Ed. 327, 328, 33 Sup. Ct. 155, holding Nebraska State court erred in applying provisions of Iowa statute and of Nebraska Constitution to limitation of liability for interstate shipment of livestock, as such interstate shipment is controlled exclusively by provisions of Carmack Amendment of 1906; H. B. Williams v. Western Union Telegraph Co., 203 Fed. 142, upholding limitation of liability for unrepeated interstate message; Kansas City etc. Ry. Co. v. Oakley, 115 Ark. 24, 170 S. W. 566, holding limitation of liability in contract for interstate shipment void for want of consideration, where there was only one tariff rate over route; United States Express Co. v. Cohn, 108 Ark. 120, 121, 157 S. W. 146, upholding limitation of liability in express receipt for interstate shipment; Canby v. Merchants' etc. Trans. Co., 16 Ga. App. 365, 85 S. E. 363, upholding stipulation in contract by carrier engaged in interstate commerce by water exempting carrier from liability for loss from specified causes including loss by fire; W. H. Mitchell & Co. v. Atlantic Coast Line R. Co., 15 Ga. App. 800, 84 S. E. 229, upholding stipulation in bill of lading requiring claims for loss or damage to be made within ten days, as applied to interstate shipment of perishable products; Cranor v. Southern Ry. Co., 13 Ga. App. 92, 78 S. E. 1017, 1018, upholding stipulation in contract for interstate shipment requiring shipper to accompany and care for shipment of livestock, and denying recovery for improper feeding and watering by carrier's employees; Michelson v. Judson Freight etc. Co., 268 Ill. 557, 559, 109 N. E. 285, 286, holding under Carmack Amendment of 1906 that shipper's recovery for loss on interstate shipment is limited to valuation in published tariff

schedules, where shipper places lower valuation on goods to secure lower rate; Cleveland etc. R. Co. v. Blind, 182 Ind. 412, 105 N. E. 489, upholding limitation of liability in filed schedules for intrastate shipment, where shipper made no request to ship with unlimited liability at higher rate, and there is no proof that such demand would have been unavailing; Adams Express Co. v. Welborn, 59 Ind. App. 334, 108 N. E. 164, upholding contract limiting liability of carrier to agreed value for purpose of securing lower rate; Ray v. Missouri etc. Ry. Co., 96 Kan. 10, 149 Pac. 398, upholding stipulation in contract for interstate shipment requiring action for damages from injuries or delays to be brought within ninety-one days; Donohoo Horse etc. Co. v. Missouri etc. Ry. Co., 95 Kan. 684, 149 Pac. 437, holding contract for interstate shipment limiting liability to agreed valuation cannot be varied by subsequent agreement; Kirby v. Union Pac. R. Co., 94 Kan. 493, 146 Pac. 1185, holding valid under Carmack Amendment of 1906, limitation of liability upon interstate shipment and denying recovery of more than limited amount; Kansas City Southern Ry. Co. v. Mixon-McClintock Co., 107 Ark. 58, Ann. Cas. 1914C, 1247, 154 S. W. 208, Howard & Callahan v. Illinois Cent. R. Co., 161 Ky. 787, 171 S. W. 444, upholding provision of contract for interstate shipment of livestock requiring written and verified claim for loss or damage to be made within ten days; Louisville etc, R. Co. v. Miller, 156 Ky. 680, 681, 683, 50 L. R. A. (N. S.) 819, 162 S. W. 74, 75, upholding limitation of liability for passenger's baggage in interstate transportation under rule 17 of filed tariff schedules; Louisville etc. R. Co. v. Woodford, 152 Ky. 407, 153 S. W. 727, holding limited valuation clause of contract for interstate shipment is void under section 196 of State Constitution, and refusing to consider question of its validity under Carmack Amendment raised for first time on appeal; Coleman v. New York etc. R. Co., 215 Mass. 49, 102 N. E. 94, upholding provision in bill of lading for interstate shipment that amount of loss should be computed on basis of invoice price of goods; Ford v. Chicago etc. Ry. Co., 123 Minn. 92, 143 N. W. 251, holding schedules filed with Interstate Commerce Commission limiting liability of carrier for loss of passenger's baggage are binding; American Express Co. v. Burke & MeGuire, 104 Miss. 286, 61 South. 313, upholding limitation of liability in express receipt for interstate shipment and denying recovery of full value; Riddler v. Missouri Pac. Ry. Co., 184 Mo. App. 716, 171 S. W. 635, upholding stipulation in contract for interstate shipment requiring notice of claim for loss to be made within one day, where consignee of shipment of livestock was agent of shipper and saw at once that cattle were stale and in poor condition because of delay; Sims v. Missouri Pac. Ry. Co., 177 Mo. App. 26, 163 S. W. 277, holding stipulation in contract for interstate shipment for speedy written notice of loss and for bringing of suit within six months are valid, but were waived by carrier in

accepting belated notice and holding claim for investigation until after expiration of time for bringing suit; Joseph v. Chicago etc. R. Co., 175 Mo. App. 23, 157 S. W. 838, upholding provision in contract for interstate shipment requiring written claim of loss to be made within four months after delivery, or, in case of no delivery, within four months after reasonable time for delivery has elapsed, and denying recovery for failure to give notice within time stipulated; American Silver Mfg. Co. v. Wabash R. Co., 174 Mo. App. 197, 156 S. W. 834, upholding limitation of liability in filed tariff schedules for interstate shipment to ten times freight charge, although carrier knew actual value was greatly in excess of that amount; Boyle v. Bush Terminal R. Co., 210 N. Y. 391, 104 N. E. 934, denying recovery of more than valuation in special contract indorsed on bill of lading and signed by shipper, where shipper has option to ship at higher rate without limitation; St. Louis etc. R. Co. v. Cox, Peery & Murray, 40 Okl. 262, 138 Pac. 146, holding contract stipulating against liability for delay of interstate shipment resulting from failure of engines, cars, or machinery, or obstructions to track, or from any cause whatever, is valid under Carmack Amendment; St. Louis etc. R. Co. v. Zickafoose, 39 Okl. 307, 309, 135 Pa. 409, 6 N. C. C. A. 725, upholding stipulation against liability for delay from specified causes in interstate shipment of livestock; Zoller Hop Co. v. Southern Pac. Co., 72 Or. 273, 143 Pac. 934, upholding limitation of liability in bill of lading for interstate shipment, where filed tariff schedules provide different rates for limited and unlimited liability; Crawford v. Southern Ry. Co., 101 S. W. 525, 86 S. E. 20, holding stipulation in contract for interstate shipment of livestock requiring claim for damages to be made within five days of unloading is void as unreasonable; Illinois Central R. R. Co. v. H. E. Wilson & Co., 131 Tenn. 703, 176 S. W. 1037, holding stipulation in contract limiting liability for injury to interstate shipment does not prevent recovery where property is worth more than specified amount after injury, but limits recovery to such amount for injuries received; Pacific Express Co. v. Krower, 106 Tex. 220, 163 S. W. 10, upholding limitation of liability in receipt of express company; Norfolk etc. Ry. Co. v. Steele & Son, 117 Va. 793, 86 S. E. 125, upholding provision În uniform livestock contract limiting liability as to interstate shipment, and allowing shipper to recover although stock was sold in market for more than agreed valuation; Altschuler v. Atchison etc. Ry. Co., 155 Wis. 149, 49 L. R. A. (N. S.) 491, 144 N. W. 295, allowing recovery of damages for delay in forwarding interstate car containing instruments of orchestra which prevented afternoon performance; dissenting opinion in Young v. Western Union Tel. Co., 168 N. C. 39, 84 S. E. 46, 47, majority holding stipulation limiting liability of telegraph company for unrepeated message is void; dissenting opinion in Byers v. Southern Express Co., 165 N. C. 548, 81 S. E. 743, majority holding Carmack

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