Bracht v. San Antonio & Aransas Pass Ry. Co., 254 U.S. 489 (1921)

Bracht v. San Antonio & Aransas Pass Railway Company

No. 118

Argued December 16, 1920
Decided January 3, 1921
254 U.S. 489

CERTIORARI TO THE KANSAS CITY COURT OF APPEALS

OF THE STATE OF MISSOURI

Syllabus

Where, in the contemplation of the parties and by the terms of the bill of lading, a shipment is purely intrastate, and neither the bill nor any state regulation give a right to divert or reship, the action of the shipper and connecting carrier in forwarding the goods, after arrival at destination, to a new destination in another state under a new bill cannot impress the original shipment with an interstate character, subject it to the Interstate Commerce Act and interstate tariffs, and so render the initial carrier liable under the Carmack Amendment for damage occurring under the new consignment.

200 Mo.App. 655 affirmed.

The case is stated in the opinion.