Joseph McKenna

“ The rules prescribed for the construction of railroads, and for their management and operation, designed to protect persons and property otherwise endangered by their use, are strictly within the scope of the local law. They are not in themselves regulations of interstate commerce, although they control, in some degree, the conduct and the liability of those engaged in such commerce. ”

“ Rep. 289, a statute was considered which prohibited any railway company from limiting its liability as a common carrier. Solan sued the company to recover $10,000 damages received by him in Iowa from the derailing, by the company's negligence, of a car in which he was traveling under a written contract by which the company agreed to carry him, with cattle, from Rock Valley to Chicago. It was stipulated in the contract that the company should, in no event, be liable to the owner or person in charge of such stock for any injury to his person in any amount exceeding $500. ”

“ The company alleged that the stipulation was part of the consideration for the transportation, that it related exclusively to interstate commerce, that it was valid at common law, and that the statute of Iowa was void and unconstitutional, 'as being an attempt to regulate and limit contracts relating to interstate commerce.' The contentions were rejected. The court said: 'Railroad corporations, like all other corporations and persons doing business within the territorial jurisdiction of a state, are subject to its law. ”

“ Lastly it is said that the statute deprives the telegraph company and the persons with whom it does business of the equal protection of the laws. This is sought to be sustained on the ground that express companies and other common carriers may by contract limit their liability. The argument to sustain the contention is in effect that which we have considered. If an unjust discrimination is intended to be asserted, Orient Ins. ”

“ That is a part of its contract, implied by taking the message and receiving payment therefor.' And there can be liability to the sender of the message as well as to him who is to receive it. The telegraph company in the case at bar surely owed the obligation to the milling company to not only transmit the message, but to deliver it. ”

“ It will be observed that this case in some particulars exhibits a contrast to Western U. Teleg. Co. v. Pendleton, 122 U.S. 347, 30 L. ed. 1187, 1 Inters. Com. Rep. 306, 7 Sup. Ct. Rep. 1126, and yet they are entirely reconcilable, having a common principle. ”