American Express Co. v. Sands

1. Common carriers may limit their liability by á special contract or a special acceptance of goods, and thus become subject to the laws of bailment for reward; but there can be no limitation of liability from negligence of the carrier or his servants. 2. Where goods are lost or injured while in the custody of the carrier under a special contract, and he gives no account of how it occurred, a presumption of negligence is of course. 3. If a carrier under a special contract can show a primS. facie case of injury without his fault, he will not be liable beyond the contract unless the shipper can show negligence against him.

Error to the Court of Common Pleas of Warren county. This was an action of assumpsit by James Sands and Emery Daily, for use of W. H. Crowell, against The American Express Company, brought in October 1865, to recover the value of a barrel saw, shipped by them with the said express company, from Pittsburg to Irvine, Warren county, Pa. When the saw arrived at Irvine it was cracked from 8 to 10 inches. On account of being thus broken the defendants refused to receive it. It was received at Irvine by the agent of the express company, December 12th 1864, and remained there until September 12th 1865, when the agent resigned and knew nothing more about it. The following is a copy of the receipt given in evidence on which the plaintiffs below claimed to recover:— “ The Union Line Express. “ Pittsburg, Dec. 21st 1864. “ Received, of William McClintock, one machine frame, one barrel saw and one package, 1650 pounds, valued at dollars, marked Sands & Daily, Irvine, Pa., which we undertake to forward to the nearest point of destination reached by this express only, perils of navigation excepted. And it is hereby expressly agreed that the said Union Line Express are not to be held liable for any loss or damage except as forwarders only ; nor for any loss or damage of any box, package or thing for over $50, unless the just and true value thereof is herein stated; nor for any loss or damage by fire, the acts of God or the enemies of the government, &&.; nor upon any property or thing, unless properly packed and secured for transportation; nor upon any fragile fabric, unless so marked upon the package containing the same ; nor upon any fabrics, consisting of, or contained in glass. For The Union Line Express, “ Reynolds, Agent.” The defendants submitted the following points:— - 1. The liability of defendant, The American Express Company, is only for the sum of $50 and interest as limited on the receipt given in evidence. 8. Defendant is only liable for the actual damage done to the property. The court answered both points in the negative and charged the jury that the defendants were liable for the value of the saw. The verdict was for the plaintiffs for $475. The defendants removed the case to the Supreme Court and assigned for error the answers to their points. cited 2 Greenl. Ev. § 215; 1 Parsons on Cont. 711; Nicholson v. Willan, 5 East 507 ; Parsons on Cont. 70S; Camden and Amboy Railroad Co. v. Baldauf, 4 Harris 76 ; Laing v. Colder, 8 Barr 481; Bingham v. Rogers, 6 W. & S. 495 ; 1 Smith’s Leading Cases, Hare & Wallace’s Notes, 400; New Jersey Steam Navigation Co. v. Merchants’ Bank, 6 How. 378 ; Gould v. Hill, 2 Hill 623 ; Parsons v. Monteath, 13 Barb. 353 ; Dorr v. N. J. Steam Navigation Co., 4 Sandf. 136; Stoddard v. The Long Island Railroad Co., 5 Id. 180; Moore v. Evans, 14 Barb. 524. cited Relf v. Rapp, 3 W. & S. 25 ; Clark v. Spence, 10 Watts 335 ; Verner v. Sweitzer, 8 Casey 208; Camden and Amboy Railroad Co. v. Baldauf, 4 Harris 76.