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DAVIS V. JOHN L. ROPER LUMBER CO., 269 U. S. 158 (1925)

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U.S. Supreme Court

Davis v. John L. Roper Lumber Co., 269 U.S. 158 (1925)

Davis v. John L. Roper Lumber Company

No. 79

Submitted October 21, 1925

Decided November 16, 1925

269 U.S. 158


1. A loss due to misdelivery of a shipment by the carrier is not included, as damage "in transit" or otherwise, within the classes of cases mentioned in the second proviso of the first Cummins Amendment, as to which classes it provides that no notice of claim nor filing of claim shall be required as a condition precedent to recovery. P. 269 U. S. 161.

2. Section 10 of the Bills of Lading Act, which declares that a carrier delivering goods to anyone not lawfully entitled to their possession shall be liable to anyone having a right of property or possession in the goods, etc., does not excuse a shipper whose goods were misdelivered from compliance with a stipulation of his bill of lading relieving the carrier from liability if claim were not made within six months after a reasonable time for delivery had elapsed. P. 269 U. S. 162.

138 Va. 377 reversed.

Certiorari to a judgment of the Supreme Court of Appeals of Virginia affirming a judgment for damages in an action against the petitioner for misdelivery of goods. chanroblesvirtualawlibrary

Page 269 U. S. 159

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