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Barrett v. Van Pelt, 268 U.S. 85 (1925)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Barrett v. Van Pelt, 268 U.S. 85 (1925)
Barrett v. Van Pelt No. 160 Argued January 6, 1925 Decided April 13, 1925 268 U.S. 85
CERTIORARI TO THE SUPREME COURT
OF THE STATE OF NEW YORK
Syllabus
1. The first Cummins Amendment to § 20 of the Act to Regulate Commerce, concerning the duty of carriers to issue receipts or bills of lading for interstate freight and their liability for loss or damage, provides:
That if the loss, damage, or injury complained of was due to delay or damage while being loaded or unloaded, or damaged in transit by carelessness or negligence, then no notice of claim nor filing of claim shall be required as a condition precedent to recovery.
Held that the words "carelessness or negligence" qualify the whole clause; "damaged" should be read "damage," and the comma after "unloaded" should be omitted. P. 87.
2. Thus read, carelessness or negligence is an element of each case of loss, damage, or injury included in the clause, and, in such case, carriers are not permitted to require notice or filing of claim as a condition precedent to recovery. P. 91.
3. In an action against an express company for damages due to delay, the shipper, not having given notice and filed a claim, as required by the uniform express receipt, must prove the delay was due to the carrier’s carelessness or negligence. P. 91.
205 App.Div. 332 reversed.
Certiorari to a judgment of the New York Supreme Court, Appellate Division, affirming a judgment for damages based on delay of an express company in transporting and delivering a carload of eggs.
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Chicago: U.S. Supreme Court, "Syllabus," Barrett v. Van Pelt, 268 U.S. 85 (1925) in 268 U.S. 85 268 U.S. 86. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=RSFVTQRHA51EZTT.
MLA: U.S. Supreme Court. "Syllabus." Barrett v. Van Pelt, 268 U.S. 85 (1925), in 268 U.S. 85, page 268 U.S. 86. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=RSFVTQRHA51EZTT.
Harvard: U.S. Supreme Court, 'Syllabus' in Barrett v. Van Pelt, 268 U.S. 85 (1925). cited in 1925, 268 U.S. 85, pp.268 U.S. 86. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=RSFVTQRHA51EZTT.
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