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Missouri, Kansas & Texas Ry. Co. v. Ward, 244 U.S. 383 (1917)
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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.
Missouri, Kansas & Texas Ry. Co. v. Ward, 244 U.S. 383 (1917)
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Missouri, Kansas & Texas Railway Company v. Ward No. 241 Submitted April 30, 1917 Decided June 4, 1917 244 U.S. 383
ERROR TO THE COURT OF CIVIL APPEALS, THIRD SUPREME
JUDICIAL DISTRICT, OF THE STATE OF TEXAS
Syllabus
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.
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Chicago: U.S. Supreme Court, "Syllabus," Missouri, Kansas & Texas Ry. Co. v. Ward, 244 U.S. 383 (1917) in 244 U.S. 383 244 U.S. 384. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=VJR2TDQ23HRR54J.
MLA: U.S. Supreme Court. "Syllabus." Missouri, Kansas & Texas Ry. Co. v. Ward, 244 U.S. 383 (1917), in 244 U.S. 383, page 244 U.S. 384. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=VJR2TDQ23HRR54J.
Harvard: U.S. Supreme Court, 'Syllabus' in Missouri, Kansas & Texas Ry. Co. v. Ward, 244 U.S. 383 (1917). cited in 1917, 244 U.S. 383, pp.244 U.S. 384. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=VJR2TDQ23HRR54J.
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