22. Although defendant frequently carries glassware, it does not customarily inquire into the value of the glass being shipped.
23. Prior to the issuance of its directive, defendant never requested plaintiff to state the value of the goods being shipped.
24. Prior to the issuance of its directive, defendant made no effort to learn the value of the goods being shipped.
25. Defendant has not shown that plaintiff was negligent.
26. Defendant has not shown that defendant was free of negligence, or that the breakage occurred as a result of one of the excepted causes.
CONCLUSIONS OF LAW
1. The burden of full liability for damages to goods is placed upon a common carrier in Interstate Commerce unless the carrier shows that it has fully complied with the statutory requirements for limiting its liability.
2. The Interstate Commerce Act, 2nd Cummins Amendment (Act of August 9, 1916), 49 U.S.C. § 20 (11), as amended, prevents a carrier from limiting its liability except by maintaining rates dependent upon the value declared in writing by the shipper or agreed upon in writing as the released value.
3. The shipper establishes a prima facie case when it has shown delivery to the carrier in good condition, arrived in damaged condition and the amount of damages.
4. Paragraph 5 of the Bill of Lading, stating that the carrier is excluding liability for goods of extraordinary value, is merely an attempt to limit liability in a manner which is prohibited by Section 20(11) of the Interstate Commerce Act.
5. Unless the carrier either rejects the shipment or fully complies with the requirements of Section 20(11) of the Interstate Commerce Act, it remains fully liable for all goods it carries, regardless of their value.
6. Shippers have no legal duty to state the value of their goods on the Bill of Lading and their failure to do so will not destroy the protection afforded them by Section 20(11) of the Interstate Commerce Act.
7. As a result of the legislative fiat contained in Section 20(11) of the Interstate Commerce Act, defendant is liable to plaintiff for the full value of the goods shipped by plaintiff.
8. Plaintiff is entitled to judgment in its favor against defendant in the sum of $3,449.80.
Title 49, U.S.C. § 20(11), provides in part as follows:
Any common carrier, railroad, or transportation company subject to the provisions of this chapter receiving property for transportation . . . shall be liable . . . for any loss, damage, or injury to such property caused by it . . . and no contract, receipt, rule, regulation, or other limitation of any character whatsoever shall exempt such common carrier, railroad, or transportation company from the liability imposed; and any such . . . transportation company so receiving property for transportation . . . shall be liable to the lawful holder of said receipt or bill of lading . . . whether such receipt or bill of lading has been issued or not, for the full actual loss, damage, or injury to such property caused by it . . . notwithstanding any limitation of liability or limitation of the amount of recovery or representation or agreement as to value in any such . . . bill of lading, . . . and any such limitation, without respect to the manner or form in which it is sought to be made is declared to be unlawful and void: . . . Provided, however, That the provisions hereof respecting liability for full actual loss, damage, or injury, notwithstanding any limitation of liability or recovery or representation or agreement or release as to value, . . . shall not apply, . . . to property, . . . received for transportation concerning which the carrier shall have been or shall be expressly authorized or required by order of the Interstate Commerce Commission to establish and maintain rates dependent upon the value declared in writing by the shipper or agreed upon in writing as the released value of the property, in which case such declaration or agreement shall have no other effect than to limit liability and recovery to an amount not exceeding the value so declared or released, . . .