Missouri Pacific Railroad Co. v. Porter (273 U.S. 341)

by the Supreme Court of the United States

For works with similar titles, see Missouri Pacific Railroad Co. v. Porter.

United States Supreme Court

273 U.S. 341

Missouri Pacific Railroad Company  v.  Porter, et al.

Error to the Supreme Court of Arkansas

No. 107  Argued: Jan. 11, 1927. --- Decided: Feb 21, 1927

1. Section 1(6) of the Act to Regulate Commerce, requiring carriers to establish and enforce just and reasonable regulations affecting "the issuance, form and substance" of bills of lading, applies to provisions in bills of lading affecting liability of railroads for loss of property received by them for transportation over an interstate inland route to a seaport for delivery to a foreign vessel for ocean carriage to a non-adjacent foreign country. P. 343.
2. This is a general regulation by Congress broad enough to include stipulations in bills of lading exempting carriers from liability for loss of such shipments by fire, not due to the carriers' negligence. P. 345.
3. A state law forbidding such stipulations is therefore as applied to such shipments invalid in view of the occupation of the field by Congress. P. 346.

168 Ark. 22, reversed.

ERROR to a judgment of the Supreme Court of Arkansas which affirmed a judgment against the railroad for loss of goods by fire, in favor of Porter and other shippers.

[p342] Messrs. Thos. T. Railey, Edward J. White, E. B. Kinsworthy, and Robert E. Wiley, for plaintiff in error, submitted.

Mr. J. C. Marshall for defendants in error, submitted.

MR. JUSTICE BUTLER delivered the opinion of the Court.