Erie Railroad v. Cappel

Citations

• 80 Ohio St. (N.S.) 128

Syllabus

<p>Goods carried over connecting lines — Refused by consignee — Company appointed shipper’s agent — To return goods — Not liable for loss, when — Law of agency.</p> <p>When goods have been carried over connecting lines to the point of destination and there refused by the consignee, and the shipper, on receiving notice thereof, in writing appoints the company owning and operating one of the lines his agent to stop the goods for him before delivery to consignee and return the same to him, and agrees to indemnify and save harmless such company from any suit or legal proceedings, loss, damage, expense, counsel fees, costs and charges arising from or caused by its attempt to comply with the request, such writing does not imply a verbal contract by such company to transport and safely carry the goods over all the connecting lines; and such company will not be liable for loss of the goods or damage thereto, occurring on the return without its fault and not on its own road.</p>