36 Ind. App. 340 | Ind. Ct. App. | 1905
Appellee sued for the value of certain household goods which he averred were delivered by him to appellant to be shipped by appellant from New Castle, Indiana, to appellee at Bockford, Forth Carolina, but which it is averred were either lost or destroyed by aj>pellant, and never delivered to appellee. Judgment in appellee’s favor. Overruling appellant’s motion for a new trial, asked on the ground, among other things, that the verdict is not sustained by sufficient evidence, is the only question argued.
We can not agree with counsel that this so-called “bill of lading” became a part of the written receipt or contract through the reference thereto in the receipt or contract. A bill of lading is defined to be “A written acknowledgement by the common carrier of the receipt of certain goods and an
“Merely connecting with other routes,” said the court in Pittsburgh, etc., R. Co. v. Morton, supra, “which he does not own, operate or control, will not make him a common carrier over such connecting routes.” See, also, 1 Elliott, Railroads, §303. The evidence shows that the point of destination is not on appellant’s line, and as appellant, as a common carrier, was not bound to deliver the goods beyond its’ line, if there is a liability in this case it must be by virtue of a special contract.
Judgment reversed.