127 N.Y. 438 | NY | 1891
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The place to which the potatoes were consigned was beyond the line of the defendant's railway, and unless it had contracted to transport them further than the western terminus of its road, the duty of the defendant required it only to diligently convey the potatoes to that point and there deliver them to the connecting carrier. (Rawson v. Holland,
But the conclusion of the referee was that the defendant undertook to deliver the potatoes at East St. Louis. If that proposition is supported, the defendant was responsible for the consequences of any default or want of reasonable diligence in that respect on any part of the route, unless relieved by some limitation of liability in the contract of affreightment. *446
(Root v. Great Western R.R. Co.,
In this instance the receipts or bills of lading of all the potatoes which reached the place of destination, were there delivered up to the agent of the railroad company from whose custody the property was taken by the consignees. They were not produced at the trial, nor were their contents proved. The shipping bills or notes purport to have been requests of the persons subscribing them that the defendant receive the property addressed to the consignees "to be sent by the said company subject to the terms and conditions stated above and on the other side, and which are agreed to by this shipping note delivered to the company as the basis upon which their receipt is to be given for said property." Shanley Co. had no knowledge of the making of the shipping bills, nor did they authorize the execution of them, unless it came within the power incident to the direction given to deliver the property for shipment. It seems that Shanley Co. purchased the potatoes and directed their delivery at the defendant's stations by the persons who delivered or caused them to be taken there for such purpose.
Ordinarily a person authorized to deliver and delivering the property of another to a common carrier for shipment may by the latter be treated as having authority to stipulate for and accept the terms of affreightment, and as against the carrier the owner is bound by them. (Nelson v. Hudson River R.R. Co.,
It is legitimate for a common carrier by contract with the shipper to provide for a reasonable time within which notice of claim for loss or damage shall be given as a condition of liability and the manner of giving it. (Express Co. v. Caldwell, 21 Wall. 264; Southern Express Co. v. Hunnicutt,
This view renders it unnecessary in the consideration of the *452 effect of such condition to refer further to the circumstances under which the shipping bills were made in view of the fact that it does not appear that the condition was in the bill of lading. No other question seems to require the expression of consideration.
The judgment should be affirmed.
All concur, FOLLETT, Ch. J., in result.
Judgment affirmed.