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UNION PACIFIC R. CO. V. BURKE, 255 U. S. 317 (1921)

U.S. Supreme Court

Union Pacific R. Co. v. Burke, 255 U.S. 317 (1921)

Union Pacific Railroad Company v. Burke

No. 183

Argued January 27, 1921

Decided February 28, 1921

255 U.S. 317


An agreement between an interstate railroad company and a shipper to limit the carrier's liability upon an interstate shipment to a valuation stated in the bill of lading will not relieve the carrier of its common law obligation to pay the actual value in case of loss by its negligence if its schedule, filed with the Interstate Commerce Commission, provide but one rate applicable to the shipment. P. 255 U. S. 321. Reid v. American Express Co., 241 U. S. 544, distinguished. 178 App.Div. 783; 226 N.Y. 534, affirmed.

This case was submitted in the first instance to the Supreme Court of New York, Appellate Division, and

Page 255 U. S. 318

decided in favor of the defendant, the railroad company. The court of appeals of the state reversed the decision and directed the entry of the judgment for the plaintiff, which is here reviewed by certiorari and affirmed. The case is stated in the opinion.

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