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SOUTHERN PAC. CO. v. STEWART

No. 89.

248 U.S. 446 (1919)

39 S.Ct. 139

63 L.Ed. 350

SOUTHERN PACIFIC COMPANY v. STEWART.

Supreme Court of United States.

Decided January 13, 1919.

Attorney(s) appearing for the Case

Mr. Henley C. Booth, Mr. William R. Harr, Mr. Charles H. Bates, Mr. C.F.R. Ogilby and Mr. William F. Herrin for plaintiff in error. Mr. Guy V. Shoup was also on the brief.

Mr. P.H. Hayes for defendant in error.

MR. JUSTICE McREYNOLDS delivered the opinion of the court.

Stewart sued for damages sustained in transit by dairy cows delivered July 1, 1913, to plaintiff in error for shipment over its railroad from California to Phoenix, Arizona, under a "live stock shipping order contract and bill of lading" signed both by himself and it, which, among other things, provided:

"Second party [the shipper] hereby further agrees that in case any loss or damage shall have been...

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