California Powder Works v. Atlantic & Pacific R.R.

Citations

• 113 Cal. 329
• 45 P. 691
• 1896 Cal. LEXIS 789

Syllabus

<p>Common Carrier—Agency for Shipment—Implied Authority of Agent —Terms of Shipment.—-An agent who is employed by the owner or consignor of goods to procure them to be transported by a common carrier has a general and implied authority to make an agreement with the carrier as to the terms upon which the goods are to be transported.</p> <p>Id.—Shipment of Gunpowder—Agency of Draymen—Limitation of Liability—Loss by Fire.—Where a drayman whose habitual duty it was to haul gunpowder to a depot for shipment, had also authority to ship it for the powder company to its destination, such drayman had authority to sign a shipping order limiting the liability of the railroad company against loss of the gunpowder by fire, and where such shipping order conformed to the requirements of section 2176 of the Civil Code, it relieved the carrier fr.om liability to the powder company from any loss by fire, not resulting from the negligence of the railroad company.</p> <p>Id.—Dangerous Shipments—Obligation of Carrier—Exemption from Liability —■ Consideration — Transportation of Gunpowder. — A common carrier is not bound to receive goods in a defective or dangerous condition, nor to ship dangerous articles, such as nitroglycerine, dynamite, gunpowder, aquafortis, oil of vitriol, or matches; and it being optional with the carrier whether he will ship such articles or not, he may accept the shipment upon such terms aud with such limitation of his common-law liability as he sees fit; and the reception and transportation of gunpowder by a railroad company is a sufficient consideration for a shipping order releasing the railroad company from loss thereof caused by fire; and from the nature of the goods, the consideration expressed in the shipping order is sufficient to support the entire contract.</p> <p>Id.—Construction of Exemption—Negligence—Findings.—Where gunpowder is shipped, a shipping order exempting the railroad company from loss of it by fire from any cause, must receive a reasonabl