Cases on the conflict of laws : selected from decisions of English and American courts . ed to the bill of lading or receipt, a decision of the SupremeCourt of Illinois, also put in evidence by the plaintiff, is to the effectthat evidence that the shipper, prior to the shipment in question, hadfilled out similar blank bills of lading for shipments which containedthe same stipulation in relation to the property as the one in question,is admissible, as going to show knowledge of the provision in questionand the shippers assent thereto. Wabash, St. L. & P. Ry- Co. v. Jag-german,
Cases on the conflict of laws : selected from decisions of English and American courts . ed to the bill of lading or receipt, a decision of the SupremeCourt of Illinois, also put in evidence by the plaintiff, is to the effectthat evidence that the shipper, prior to the shipment in question, hadfilled out similar blank bills of lading for shipments which containedthe same stipulation in relation to the property as the one in question,is admissible, as going to show knowledge of the provision in questionand the shippers assent thereto. Wabash, St. L. & P. Ry- Co. v. Jag-german, 115 111. 407, 4 N. E. 611. We must, therefore, hold that the stipulations in this contract of af-freightmeril:, limiting the common-law liability of the defendant, werevoid for want of assent, unless the question, what is to be deemed evi-dence of assent, is to be determined by the law of Missouri instead ofthe law of IlHnois. We have met with a decision of the Supreme Ju- 6 This brief statement of facts has been abstracted from the Only a part of the opinion is /? 60 GENERAL PROVISIONS. (Part 1 dicial Court of Massachusetts* whidi is quite in point, to the effect thatthis question is to be determined by the law of Missouri. In that casegoods were shipped from a place in Illinois to be delivered at a placein Massachusetts. They were destroyed by fire, while yet in the stateof Illinois, in the hands of the transportation company. There was inthe contract of affreightment, as in the case before us, a clause exon-erating the carrier from liability in the case of a loss by fire. The plain-tiff appealed to the rule of the law of Illinois, that the mere fact of theacceptance by the shipper of a contract of affreightment, containingsuch a stipulation, is not evidence of assent by him to its terms. Bythe law of Massachusetts (Grace v. Adams, 100 Mass. 505, 97 117, 1 Am. Rep. 131), as by the law of Missouri (Snider v. Ad-ams Express Co., 63 Mo. Z7(); OBryan v.
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