Oelbermann

(after stating the facts as above). The text-books are in accord in stating the rule that a condition in a contract of carriage requiring that notice of claim of damages be presented within a stated tixhe may be waived by the carrier, either expressly or by conduct inconsistent with an intention to rely upon it, and that where a claim is presented after the time so limited, and payment is refused for reasons not involving the promptness of the notice, but on entirely different grounds, there is a waiver. 1 Hutchinson on Carriers (3d Ed.) p. 473 ; 4 R. C. L. 799; 10 C. J. 342.

In the text last cited the rule is thus stated : “Where waivers are not prohibited, the rejection of a claim on grounds other than noneompliance or an insufficient compliance with a contractual requirement that notice of claim for loss or injury shall be given the carrier, operates as a waiver of the contractual requirement. In other words, where the carrier states a specific ground of objection, any other objection which it could have made is waived.” The text is in accord with the decided -weight of authority., Naumen v. Great Northern Ry. Co., 131 Minn. 217 , 154 N. W. 1076 ; Banks v. Pennsylvania R. Co.,…