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" The limitation as to value has no tendency to exempt from liability for negligence. It does not induce want of care. It exacts from the carrier the measure of care due to the value agreed on. The carrier is bound to respond in that value for negligence.... "
Albany Law Journal - Page 209
1885
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The Supreme Court Reporter, Volume 5

1885 - 1232 pages
...the agreement, after a loss, is to expose the carrier to a greater risk than the parties intended be should assume. The agreement as to value, in this...value has no tendency to exempt from liability for negrt ligence. It does not induce want of care. It exacts from the carrier the * measure of care due...
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Atlantic Reporter, Volume 20

1891 - 1132 pages
...of public policy. In Hart v. Railroad Co., 112 US 331, 340, 341, 5 Sup. Ct. Rep. 151, the court say: "The limitation as to value has no tendency to exempt...based on that value. The shipper is estopped from saying that the value is greater. The articles have no greater value for the purposes of the contract...
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Atlantic Reporter, Volume 71

1909 - 1164 pages
...performance of his duties. But a stipulation as to the value of the goods to be shipped has no such tendency. It exacts from the carrier the measure of care due to the value agreed on, and is, we think, a proper and lawful mode of securing a due proportion between the amount for which...
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Reports of Cases Argued and Determined in the Superior Court of ..., Volume 53

New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - 1886 - 628 pages
...rule in this state to be, that a earner may so exempt himself. The court said in the Hart case : " The limitation as to value has no tendency to exempt from liability as to negligence. It does not include want of care. It exacts from the carrier the measure of care...
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The South Western Reporter, Volume 34

1896 - 1222 pages
...ship five horses, whose value, by agreement, was fixed at not exceeding $200 each. The court said: "The limitation as to value has no tendency to exempt...based on that value. The shipper is estopped from saying that the value is greater. The articles have no greater value, for the purposes of the contract...
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The Southwestern Reporter, Volume 8

1888 - 1048 pages
...been told by the plaintiff the sum inserted in the contract. The limitation as to value has notendency to exempt from liability for negligence. It does not...in that value for negligence. The compensation for carnage is based on that value. The shipper is estopped from saying that the value is greater. The...
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Arkansas Reports: Cases Determined in the Supreme Court of the ..., Volume 50

Arkansas. Supreme Court - 1888 - 642 pages
...the freight and secure the carriage 410 SUPREME COURT OF ARKANSAS, St. L., IM & 8. By. Co. v. Weakly. if there is no loss; and the effect of disregarding...care due to the value agreed on. The carrier is bound t» respond in that value for negligence. The compensation for caraiage is based on that value. The...
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The South Western Reporter, Volume 8

1888 - 1050 pages
...been told by the plaintiff the sum inserted in the contract. The limitation as to value has notendency to exempt from liability for negligence. It does not...based on that value. The shipper is estopped from saying that the value is greater. The articles have no greater value, for the purposes of the contract...
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The New York Supplement, Volume 154

1915 - 1288 pages
...has no tendency to exempt from liability for negligence ; that it does not induce want of care, but exacts from the carrier the measure of care due to the value agreed on. The decision of that case was placed upon the distinct ground that such a contract is valid when fairly...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1889 - 856 pages
...the carrier is reasonable, and is as important as the rule which it qualifies. There is no justice in allowing the shipper to be paid a large value for...based on that value. The shipper is estopped from saying that the value is greater. The articles have no greater value, for the purposes of the contract...
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