LEIGH ELLIS & COMPANY
v.
DAVIS, AS AGENT, &C
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A shipping company sued a railroad for delivering cotton that weighed substantially less than the amount specified in the bills of lading, but the railroad invoked a contractual provision limiting suits to two years and one day after delivery, and the lawsuit was filed more than two years after the short delivery occurred. The Supreme Court affirmed dismissal of the case, holding that the contractual limitation period was enforceable and reasonable, and that a federal statute enacted during the period when railroads were under government control did not invalidate the pre-existing contract or extend the time for bringing suit.
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Mr. Justice Holmes delivered the opinion of the Court.
This-is a suit upon two bills of lading for failure to deliver the full amount of cotton covered by them. The plaintiffs allege that they purchased the bills at a rate determined by the number of pounds specified in the bills but that on delivery it turned out that the weight of one hundred bales covered by one of the bills was 15,312 pounds short, and that of two hundred bales covered by the other was 11,527 pounds short. The two hundred bales were delivered to the carrier on March 25, 1918, and the one hundred on March 26, 1918, when the railroads were under federal control. A claim for this loss was made to the-Atlanta, Birmingham & Atlantic Railroad,, the road over which the cotton was sent, on April 25, 1918, and denied by the Road on July 28, 1919. This suit wás begun on January 29, 1921, more than two years and a day after the' short delivery. The bills of' lading which were in the same general form provided that “ suits for loss, damage or delay shall be instituted only within two years and one dáy after delivery of the property, or in case ..of failure to make delivery, then'within two years and one day after a reasonable time for delivery has elapsed.” They also stated the weight “ subject to correction.” The District Court after careful consideration dismissed the petition upon demurrer, on the ground that the suit was too late under the quoted words of the contract, and also, on the merits. 274 Fed. 443. The Circuit Court of Appeals affirmed the judgment, adopting the opinion below as to the time.within which the suit must be brought. 276 Fed. 400.
We find it unnecessary to consider other defences besides the contract limitation, as we agree with the Courts below that that disposes of the case. The main objection urged is that the contract is overridden by § 206(a) of the Transportation Act, February 28; 1920, c. 91, 41 Stat. 456, 461, giving actions in cases like this against an agent designated by the President, and providing that they may be. brought within the periods of limitation now prescribed by state Or federal statutes, but not later than two years from , the date of the passage of the act. The. contention is supported, with some ingenuity but-we think it enough to observe that the general purpose was to'limit not to extend rights of action and that we cannot suppose that it was intended to invalidate existing contracts good when made. New York Central R. R. Co. v. Lazarus, 278 Fed. 900; William F. Mosser Co. v. Payne (W. Va.), 114 S. E. 365; Northern Milling Co. v. Davis (Wisc.), 190 N. W. 351. In our opinion this contract was good when made. The time allowed was reasonable. Missouri, Kansas & Texas Ry. Co. v. Harriman, 227 U. S. 657, 672. Texas & Pacific Ry. Co. v. Leatherwood, 250 U. S. 478, 481. We agree with the District Court that Decker & Sons v. Director General, 55 I. C. C. 453, should not be understood or allowed to contravene our conclusion, upon the facts here. The statutes of the States where the goods were shipped and the suit was brought do not affect the contract, and the reasonableness of the limitation is a matter of law; Missouri, Kansas & Texas Ry. Co. v. Harriman, 227 U. S. 657, 672, so that the bringing of a previous suit, alleged in the declaration, does not save the case. Riddlesbarger v. Hartford Insurance Co., 7 Wall. 386.
The only other argument that seems to us to need notice is that the claim is not within the words of the limitation. But' it is of the kind that the clause “ suits for loss, damage or delay ” manifestly intended to limit and we see no reason why it should not be included under the head of loss.
Judgment affirmed.
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Hoagland v. Ry. Express Agency, Inc., 75 So. 2d 822 (Fla. 1954)…are free to determine the appropriate rule to be applied. Two decisions of that court which seem' to us somewhat pertinent are Missouri, K. & T. R. Co. v. Harris, 1914, 234 U.S. 412, 34 S.Ct. 790, 58 L.Ed 1377, and Leigh Ellis & Co. v. Davis, 1923, 260 U.S. 682, 43 S.Ct. 243, 67 L.Ed. 460, both of which dealt with the impact of the Carmack Amendment on state legislation. In the Missouri, K. & T. R. Co. v. Harris case, the court was concerned with a Texas statute which authorized the granting of attorney’…1 / 2
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Atl. Coast Line R.R. Co. v. Chase & Co., 109 Fla. 50 (Fla. 1933)…insofar as interstate shipments of goods are concerned. See A. C. L. R. R. Co. v. Wauchula Truck Growers Assoc., 95 Fla. 392, 118 Sou. Rep. 52; Missouri, Kansas & T. R. Co. v. Harriman, 227 U. S. 657, 33 Sup. Ct. 397, 57 L. Ed. 690; Ellis v. Davis, 260 U. S. 682, 43 Sup. Ct. 243, 67 L. Ed. 460; Chicago & N. W. Ry. Co. v. Bewsher, 6 Fed. (2nd) 947. [*53] Only in the event a bill of lading is completely silent on the subject of an agreed period of limitation for bringing actions, can a state statute of limita…1 / 2
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United States v. Seaboard Air Line Ry. Co., 22 F.2d 113 (4th Cir. 1927)…ner Case can have no application, and no question arises as to the validity of the condition. On the contrary, the validity of such conditions, when not contravening some statutory prohibition, has been repeatedly upheld. Leigh Ellis & Co. v. Davis, 260 U. S. 682, 43 S. Ct. 243, 67 L. Ed. 460; Mo., K. & T. R. Co. v. Harriman, 227 U. S. 657, 33 S. Ct. 397, 57 L. Ed. 690; Rogers & Co. v. East Carolina Ry., 186 N. C. 86, 118 S. E. 885; Holmes & Dawson v. East Carolina Ry., 186 N. C. 58, 118 S. E. 887; Thigpen v…1 / 2
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Chattanooga Foundry and Pipe Works v. City of Atlanta, 203 U.S. 390 (U.S. 1906)
- Missouri v. Harriman, 227 U.S. 657 (U.S. 1913)
- Riddlesbarger v. Hartford Ins. Co., 7 Wall. 386 (U.S. 1868)
- Atchison v. United States, 232 U.S. 199 (U.S. 1914)
- Tex. & Pac. Ry. Co. v. Leatherwood, 250 U.S. 478 (U.S. 1919)
- Semmes v. Hartford Ins. Co., 13 Wall. 158 (U.S. 1871)