Cavallaro v. Texas & Pacific Railway Co.

Citations

• 110 Cal. 348
• 42 P. 918
• 1895 Cal. LEXIS 1063

Syllabus

<p>Common Carrier—Delivery of Goods to Wrong Party.—Where goods shipped to a consignee were delivered by a common carrier to a third party, who personated the consignee, and received, receipted for, and paid the freight thereon, whereby the goods were lost to the shipper, the carrier so misdelivering the goods is liable to the shipper for their value.</p> <p>Id,—Intermediate Carriage — Liability of Final Carrier.—Where goods are shipped through several carriers upon a through shipment, the final carrier is liable to the owner under its common-law liability, whether there was an express contract between it and the shipper, or only such agreement as the law implies from the acceptance of the goods directed to the consignee at the end of its route.</p> <p>Id.—Misdelivery not Excusable.—No circumstances of fraud, imposition, or mistake will excuse a common carrier from responsibility for delivery to the wrong person; but the law exacts of him absolute certainty that the person to whom the delivery is made is the party rightfully entitled to the goods.</p> <p>Id.—Change of Liability to that of Warehouseman—Notice to Consignee Essential.—A common carrier cannot ange his liability to ^d at the place of , the arrival, and j 'person, it cannot jr to that of a ware-that of a warehouseman as to goods which hp consignment, without giving notice to the cr where the notice is given by mistake to ti have the effect to change the liability of t> houseman.</p> <p>[ the absence of proof to Id.—Laws of Another State—Pbesumption.the contrary, the laws of another state will be presumed to be the same as those of California, and this presumption extends to statutory law, as well as to the common law.</p> <p>Id.—Rule Requiring Notice—Declaratory Statute.—The rule of the statute of California requiring notice to be given by the carrier to a consignee is a declaration of the law as it existed prior to that statute in a majority of the states and in England.</p> <p>Id.—Place of Delivery — Fr