William R. Day

“ For a defense the Erie Railroad Company set up, among other things, that the horses were shipped under the terms of the written live-stock contract above referred to; that this contract contained the requirement of notice already stated and gave a choice of two published tariff rates, the lower one based upon the agreed valuation of not exceeding $100 for each horse. The recovery in the case was for the full value of the horses, and not for the limited-liability valuation. ”

“ The suit was tried as to the Erie Railroad Company at the February term, 1914, of the common pleas court of Crawford county, and the court charged the jury, among other things, that it was conceded that no written claim was filed within five days after the shipments respectively arrived at their destinations, and submitted to the jury the question whether this limitation was reasonable. ”

“ Rep. 469; Cincinnati, N. O. & T. P. R. Co. v. Rankin, 241 U.S. 319, 60 L. ed. 1022, L.R.A.1917A, 265, 36 Sup. Ct. Rep. 555; Norfolk Southern R. Co. v. Chatman [ [ [244 U.S. 276] ] , 61 L. ed.--,37 Sup. Ct. Rep. ”