Colfax Mountain Fruit Co. v. Southern Pacific Co.

Citations

• 5 Cal. Unrep. 527
• 46 P. 668
• 1896 Cal. LEXIS 1124

Syllabus

<p>Connecting Carrier—Limitation of Liability.—Under Civil Code, section 2201, declaring that the liability of a carrier who accepts freight for a place 'beyond his route ceases on delivery to a connecting line, “unless he stipulates otherwise,” a provision in a, freight contract that the carrier’s responsibility shall cease at the connecting point is not rendered ineffective by a further stipulation for through passenger train service.1</p> <p>Connecting Carriers—Limitation of Liability.—There being no repugnancy between the provision limiting the carrier’s liability to its own line and the stipulation for through passenger train service, the fact that the first is printed, while the last is in writing, is immaterial in construing the contract.</p> <p>Connecting Carriers—Limitation of Liability.—Where a railroad company receives freight for shipment under an agreement to forward it to its destination, and the stipulation that its liability as carrier shall cease on delivery of the goods to the first connecting line, the contract also providing for “passenger service through,” the duty of the company as forwarding agent continues till the goods arrive at their ultimate destination, and it is therefore liable for any delay caused by its failure to notify each successive connecting road of the conditions of the contract in respect to the manner of transportations.2</p> <p>Connecting Carriers—Damages for Delay.—In an Action by the Shipper against the contracting carrier for damages caused by such delay, the burden is on defendant to show that it notified each successive connecting road of the conditions regarding the manner of transportation, or, if it did not, that the delay was not attributable to its default in this respect.</p>