First National Bank v. Oregon-Washington Railroad & Navigation Co.

Citations

• 25 Idaho 58
• 136 P. 798
• 1913 Ida. LEXIS 23

Syllabus

<p>Railroad Company — Bill op Lading — Provisions Construed — Liability op the Railroad por Breach op Bill op Sale.</p> <p>1. Where a bill of lading between a shipper and a railroad company contains the following provision, “the property described below, in apparent good order except as noted .... which said company agrees to carry to its usual place of delivery at said destination if on its road, otherwise to deliver to another carrier on the route to said destination. It is mutually agreed, as to each carrier of all or any of said property over all or any portion of said route to destination, and as to each party at any time interested in all or any of said property, that every service to be performed hereunder shall be subject to all the conditions, whether printed or written, herein contained (including conditions on the back hereof) and which axe agreed to by the shipper and accepted for himself and his assigns. The surrender of the original order bill of lading properly indorsed' shall be required before the delivery of the property,” held, that this provision applies alike both to the railroad company and the shipper and does not apply alone to limitations in favor of the railroad company.</p> <p>2. Where it is provided in the bill of lading “that the surrender of the original order bill of lading properly indorsed shall be required before the delivery of the property,” this provision is prohibitory against the railroad company, and prohibits the railroad company from delivering the property until the bill of lading is indorsed, and there should be no delivery until such provision is complied with or excused.</p> <p>3. When a bill of lading is outstanding, the railroad company delivers goods at its peril without requiring the bill of lading, and if it so delivers them to some one other than the bona fide holder for value of the bill of lading, it is liable to him for conversion of the goods.</p>