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CAU v. TEXAS & PACIFIC RY. CO.

No. 57.

194 U.S. 427 (1904)

24 S.Ct. 663

48 L.Ed. 1053

CAU v. TEXAS AND PACIFIC RAILWAY COMPANY.

Supreme Court of United States.

Decided May 16, 1904.

Attorney(s) appearing for the Case

Mr. W.S. Parkerson, with whom Mr. Branch K. Miller was on the brief, for plaintiff in error.1

Mr. Charles P. Cocke, with whom Mr. William Wirt Howe, Mr. John F. Dillon and Mr. Walter B. Spencer were on the brief, for defendant in error.

MR. JUSTICE McKENNA, after stating the case, delivered the opinion of the court.

It is well settled that the carrier may limit his common law liability. York Co. v. Central Railroad, 3 Wall. 107. But it is urged that the contract must be upon a consideration other than the mere transportation of the property, and an "option and opportunity must be given to the shipper to select under which, the common law or...

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