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In the case of Southeastern Express Co. v. Pastime Amusement Co., the U.S Supreme Court ruled in favor of Southeastern Express Company, overturning a decision by the lower court which had awarded damages to Pastime Amusement Company for loss incurred due to delayed delivery of film reels. The films were transported under a bill that limited liability unless declared value was stated and extra charges paid, but this wasn't done by Pastime Amusement Company. The Supreme Court held that such agreements are valid and enforceable as long as they are reasonable, just and not contrary to public policy or statute law; hence carriers can limit their liability through contractual agreement with shippers if there is no negligence on their part.
The dissenting opinion in the case of Southeastern Express Co. v. Pastime Amusement Co., argued that the majority's decision to hold a carrier liable for damages due to delay, even when there was no negligence on their part, was unjust and contrary to established principles of law. The dissent emphasized that it is unreasonable and unfair to impose liability on carriers without proof of fault or neglect, especially considering they have no control over unforeseen circumstances such as weather conditions or mechanical failures which may cause delays. Furthermore, this ruling could set a dangerous precedent where carriers are held accountable for any loss suffered by shippers due to delays regardless of whether they were at fault or not - an outcome which would be detrimental for the transportation industry as a whole.