79 Iowa 527 | Iowa | 1890
I. The butter in question was shipped from West Union upon the Burlington, Oedar Rapids & Northern railway. Its destination was New Orleans. It passed over two other railroads before it reached St. Louis, and by the last one transporting it, the Wabash, St. Louis and Pacific, it was delivered to a transfer company, and was carted across the Mississippi river bridge, and delivered to defendant. It was transported to St. Louis in refrigerator cars, and was in good condition when delivered to defendant, by whom it was put in common cars, and in a few hours transported to
“No. 5632. CAIRO SHORT LINE.
“ Wagon No. 91-96.
“East St. Louis, 5 — 30—r885.
“Received from St. Louis Transfer Company, in good order, the following property for transportation:
“ Consignee, Wm. Beard & Son.
“Destination, New Orleans, La.
“Consignor, Wab. Pro. 2794, M. W.
“H. Roederer, Agent.
“(Copy.) D. 5-30.
“Nfy. C. H. Lawrence & Co., New Orleans, La..
“Mkd. Cloverdale Cry.”
The way-bills accompanying the butter are in this form:
If it be true that an “initial carrier,” by which expression we understand the carrier first receiving the goods, is bound for the default of connecting carriers, it is because of a contract binding him to that effect.
III. As we understand counsel for defendant, they insist that this action is based upon negligence, and not upon a contract. The position is not in accord with the record before us. The petition alleges that defendant “undertook to transport the butter over its line, and to the place of destination.” As we understand the petition, plaintiff seeks to recover on this alleged contract, on the ground of the violation thereof by the defendant negligently transporting the butter, whereby it was injured.