CHESAPEAKE & O R. CO. v. MCLAUGHLIN(1916)
[242 U.S. 142, 143] Messrs. F. B. Enslow and Herbert Fitzpatrick for plaintiff in error.
No appearance for defendant in error.
Mr. Justice McReynolds delivered the opinion of the court:
McLaughlin recovered judgment against the railway company in the circuit court, Pocahontas county, West Virginia, for injuries to a horse which it transported from Lexington, Kentucky, and delivered to him at Seebert, West Virginia, February 17, 1914
The shipment was under a 'uniform livestock contract' signed by both parties and introduced in evidence by defendant in error, which, among other things, provides:
It conclusively appears that McLaughlin did not present a verified claim to the carrier's agent as provided by the contract. Upon its face the agreement seems to be unobjectionable, and nothing in the record tends to establish circumstances rendering it invalid, or excuse failure [242 U.S. 142, 144] to comply therewith. The court below erred in denying a seasonable request for a directed verdict; and its judgment must be reversed. Our recent opinions render unnecessary any further discussion of the reasons for this conclusion. Northern P. R. Co. v. Wall, 241 U.S. 87 , 60 L. ed. 905, 36 Sup. Ct. Rep. 493; Georgia, F. & A. R. Co. v. Blish Mill. Co. 241 U.S. 190 , 60 L. ed. 948, 36 Sup. Ct. Rep. 541; Cincinnati, N. O. & T. P. R. Co. v. Rankin, 241 U.S. 319 , 60 L. ed. 1022, L.R.A. 1917A, 265, 36 Sup. Ct. Rep. 555.
Reverse and remand for further proceedings not inconsistent with this opinion.