G., H. & H. R'y Co. v. Allison

Citations

• 59 Tex. 193
• 1 Tex. L. R. 949
• 1883 Tex. LEXIS 127

Syllabus

<p>1. Pleading — Contract.— An agreement by a railway company to forward cars upon which fruit was loaded on its line of road, and on lines connecting with it, and to deliver the cars thus loaded and forwarded to the agent of the shipper at Chicago, is in effect a contract that the freight shall go through upon those cars over the entire route without change.</p> <p>2. Common carrier.— When a carrier undertakes to carry goods not only over his own route but over connecting lines, he cannot contract that his responsibility shall cease at the end of his own line. He will still be held responsible, not only for the negligence of himself and his own servants, but of the connecting lines, they being considered his agents for carrying out the particular contract.</p> <p>3. Same.— If a common carrier deviates from his route, or forwards goods by different conveyances from those contemplated by his agreement, he becomes an insurer of the goods, and cannot avail himself of any exemption in his behalf in the contract.</p> <p>4. Same. — A railway company in receiving freight stipulated. against responsibility for damage beyond its own line, but agreed to forward the goods through to Chicago'in the cars in which they were loaded. Held that, by changing the cars after they left the road of the company, it assumed the risk of the safe transportation of the goods, notwithstanding the stipulation against liability for damage beyond its own line.</p>