Hoffman & Thomas v. Cumberland Valley Railroad

Citations

• 85 Md. 391
• 37 A. 214
• 1897 Md. LEXIS 67

Syllabus

<p>Connecting Carriers — First Carrier Not Liable for Losses on Line of a Connecting Carrier Without a Special Contract — Authority of Local Station Agent to Make Such Contract.</p> <p>When goods are received by a common carrier for transportation to a point beyond its own line, such initial carrier is liable only for losses and delays on its own route and for safe delivery to the next carrier, unless there be a special contract by which the first carrier agrees to be liable for due delivery beyond its own line.</p> <p>Such special contract will not be implied from the mere acceptance of goods directed to a point beyond the line of the first carrier’s road.</p> <p>The local station agent of a railway company has no power as such to make a special contract with a shipper by which the company is rendered liable for the due transportation of goods on the line of a connecting carrier.</p> <p>But such a contract made by a local station agent will be binding upon the company if authority to make it has been expressly conferred upon him, or if he has been held out as having such authority.</p> <p>In this case it was held that even if the defendant’s station agent at H. did specially contract to deliver goods beyond the line of defendant’s road within a certain time, yet since it was shown that he had no authority to make such contract, and it was not shown that the defendant had held him out as having such authority, the defendant is not liable for delays in transportation occurring on the line of a connecting carrier.</p>