Pierce

The facts of this case are fully stated in the subjoined opinion of Department One. When that opinion was filed both parties petitioned for a rehearing in hank, the appellant insisting that it had proved a valid contract exempting it from all liability, and the respondent contending that the rulings of the lower court with reference to the measure of damages were correct. Por the purpose of further considering these two questions a rehearing was granted.

*158 Sections 2174 and 2175 of the Civil Code read as follows: “Sec. 2174. The obligations of a common carrier cannot be limited by general notice on his part, but may be limited by special contract.”

In the absence of proof we presume that the law of Florida is the same. The contract in question here, which was executed in Florida, contains the following stipulation:

The appellant contends that it was empowered by section 2175 of the Civil Code to contract for an exemption from all liability except for gross negligence, fraud, or willful wrong of itself or servants; that such contract, based upon a valid consideration, was entered into in its behalf with the respondent, and that it was clearly shown, and conceded by the court,…