Texas & Pacific Ry. Co. v. Leatherwood, 250 U.S. 478 (1919)

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Texas & Pacific Railway Company v. Leatherwood


No. 249


Submitted March 19, 1919
Decided June 9, 1919
250 U.S. 478

CERTIORARI TO THE COURT OF CIVIL APPEALS, SECOND SUPREME
JUDICIAL DISTRICT, OF THE STATE OF TEXAS

Syllabus

Under the Carmack Amendment, connecting carriers, by requiring a shipper to sign new bills of lading for a shipment billed over their lines by the initial carrier, are not estopped to avail themselves of a provision of the original bill limiting the time for bringing actions for damages, (p. 481), where the new bills were not acquiesced in by the shipper. P. 483.

A stipulation in a bill of lading limiting to six months the time within which the shipper may sue for damages is not unreasonable, and, before the Act of March 4, 1915, c. 176, 38 Stat. 1196, was valid under the Carmack Amendment. P. 481.

Where matter clearly not required for a proper presentation of the questions submitted is incorporated into the transcript, the court may, under Rule 8, § 1, require that the whole of the clerk’s fees for supervising the printing and the cost of printing the record be borne by the offending party. P. 482.

Reversed.

The case is stated in the opinion.