Owen J. Roberts

“ A common carrier is answerable for loss or damage to the goods transported from any cause save the act of God or the public enemy. The measure of the shipper's recovery is normally the market value of the goods at destination, in like condition as they were when shipped, on the date when they should have arrived. [6] The carrier may exempt himself by contract from liability for the consequences of events beyond his control, [7] but he cannot contract for relief from liability for his own negligence, even though he give a special consideration for an agreement to that effect. ”

“ The latter can in no event recover more than his actual loss, but may have to take much less. The damages are computed in the usual way without reference to the stipulation, but, if when so computed they exceed the agreed limit of value, no recovery of the excess may be had. ”