Book Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ...by the condensed, but thorough, brief of learned counsel for defendant in error. Judgment aflirmed. All the justices concurring. NOTES. Delivery to Carrier.--Where the goods have not been received with express orders for transportation or wherever there is some act remaining to be done by the consignor before the goods are forwarded, a railroad company receiving and retaining them is not liable as a carrier but as a warehouseman merely. Barron 11. Eldredge. 109 Mass. 455; St. Louis R. Co. v. Montgomery, 39 Ill. 335; Michigan R. Co.-0. Shurtz, 7 Mich. 515; Watts '0. Boston 8: Lowell R. Co., 106 Mass. 467; Judson v. Western R. Co., 4 Allen 520; Nichols v. Smith, 115 Mass. 332; McDonald 1/. Western R. Co., 34 N. Y. 497. But see Michaels 2/. New York R. Col, 30 N. Y. 564., If a common carrier receives goods into his own warehouse for the accommodation of himself and his customers, so that the deposit is a mere accessory to the carriage, and for the purpose of facilitating it, his liability as a carrier will commence with the receipt of the goods; but if the goods are not ready for the immediate transportation until something further is done, or further directions are given by the owner, the carrier will be responsible only as a warehouseman. St Louis R. Co. 1/. Montgomery, 39 Ill. 335; Watts 1/. Boston & Lowell R. Co., 106 Mass. 467; Judson 1/. Western R. Co., 4 Allen 520; Nichols 1/. Smith, 115 Mass. 332; Barron 11. Eldredge, 100 Mass. 455; Michigan R. Co. 1/. Shurtz, 7 Mich. 515; McDonald 1/. Westem R. Co., 34 N. Y. 497; Basnight U. Atlantic & N. C. R. Co., 111 N. Car. 592, 16 S. E. Rep. 323; Pittsburgh, C. & St. L. R. Co. 11. Barrett, 3 Am. & Eng. R. Cas. 256, 36 Ohio St. 448. When Carrier's Liability as Warehouseman Begins...