David Josiah Brewer

“ We are of opinion that an express company has no inherent right under the laws of this state or under the protection of interstate commerce to assume a duty not required of it, as a common carrier, and to do that which is in violation of the laws of this state. ”

“ Kentucky
Argued: April 17, 18, 1907. --- Decided: May 13, 1907
This case, like the two preceding, was a prosecution of the express company for a violation of the Kentucky statute in respect to 'C. O. D.' shipments. It was tried in the circuit court before a jury, which returned a verdict of guilty, and fixed the penalty at $100 fine, which verdict was sustained and judgment entered thereon by the circuit court. The company appealed to the court of appeals, which affirmed the judgment (30 Ky. L. Rep. 207, 97 S. W. 807) , and thereupon the case was brought here on writ of error. ”

“ There is no proof to show that the express company had any knowledge or information as to the contents of said package so delivered, and there is nothing to show any notice to it whatever of the contents of said package. ”