Pierce v. Southern Pacific Co.

Common Carriers—Limitation of Obligations—Presumption as to Law of Another State.—In the absence of proof, it is to be presumed that the law of another state upon the subject of the limitation of the obligations of common carriers is the same as that prescribed in sections 2174 and 2175 of the Civil Code of this state.

Id.—Stipulation Limiting Liability—Construction—Negligenoe—Ordering Orange Trees Shipped by Northern Route—Loss from Freezing. A stipuliU ion in a shipment of orange trees from Florida, by the terms of which the shippers insured the railroad lines “against claims by loss or damage which may be incurred by reason of delay in transportation, or any other cause arising out of responsibility as master over its agents or servants (gross or wanton negligence excepted) incident to said shipments,” whatever may be its import as to the exception of gross or wanton negligence, cannot be held to mean anything more than that the railroad company was not to be liable for the mere negligence or misconduct of its agents and servants, and cannot be construed as extending to or embracing loss or damage caused solely by compliance of its agents and servants with an order of the railroad corporation itself directing them to ship the orange trees from Florida over a northern route through Utah and Nevada, as the result of which they were frozen in transit.

Id.—Limitation of Liability as to Damage—Invoice—Price at Place of Shipment—Construction — Absence of Invoice—Value of Trees— Measure of Damages. — The ordinary measure of damages for breach of a carrier’s obligation is the value of the goods at the time and place of delivery; but this liability may be limited by special contract, and where there is a special contract making the invoice price of trees at the point of shipment the measure of damages, such contract must receive a reasonable construction, and where no’invoice price was actually made out and agreed upon, that expression must be understood as indicating the actual value of the trees at the point of shipment, when loaded and ready for transportation. To this is to be added the freight actually paid and interest on the whole amount.

Id.—Statute of Limitations—Foreign Corporation—Absence of Proof as to Designation of Agent.—Where the pleadings admit that the defendant railroad company was a corporation organized under the laws of another state, and engaged in the business of operating a railroad as a common carrier in this state, in order to avail itself of a plea of the statute of limitations, it must prove a compliance with the act of 1872 in relation to foreign corporations requiring the designation of a suiiable person upon -whom process might be served to he filed in the office of the secretary of state, and, in the absence of such proof, the court may properly find against the defense of the statute of limitations.