Page:Federal Reporter, 1st Series, Volume 4.djvu/724

710 FEDEBAIj eepobteb. �and îf he had the opportunity to unload the stock and give them rest, and neglected to do it, then it is for you to con- sider whether that was negligence, and, if so, whether that negligence contributed to the injury which he has sustained; but if he expected that the train would start every half hour, and had reaaon, from the representations made to him, to expect that, then it is for you to say whether he was, under those circumstances, called upon to attempt to unload his stock. �The defendants have set out, by way of defence, a contract under which they allege that the shipment of this stock was made. The execution of this contract is admitted by the pleadings, and therefore it is before us for consideration. It presents a question which is not without difficulty as a matter of law; at least, it would not be without dieSiculty in some courts of the country, because there is great confliot of opin- ion among the courts as to how far a common carrier may release himself from responsbility by a special contract with the shipper. In the courts of the United States, however, the law is well settled, and I am therefore without difficulty in instructing you upon this point. It is settled, by re- peated decisions of the supreme court of the United States, that a common carrier cannot relieve himself from responsi- bility for his own negligence, or the negligence of his employes, by any contract that he may enter into with the shipper. He may, however, enter into stipulations which do not relieve him in any degree from his responsibility for negligence, if the shipper assents and agrees to them by a special contract, either verbal or in writing. �Now, this contract which is before you, in so far as it assumes to say that the railroad company shall not be liable on account of any delay in the transportation of this stock, is void. It is also void according to the decision rendered by Judge Hallett upon demurrer, in so far as it requires the shipper to give notice of his claim before he unloads his stock. That has been settled by that ruling, in which I concur. In 80 far as it provides that this plaintiiï shall go with the stock and take charge of it, shall take a car and prepare the car for ����