Hogan Milling Co. v. Union Pacific Railroad

Citations

• 91 Kan. 783
• 139 P. 397
• 1914 Kan. LEXIS 120

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Interstate Shipment — Goods at Destination — Last Carrier a Warehouseman — Goods Lost by Fire — Initial Carrier Not Liable. By the act of Congress of June 29, 1906 (Part 1, 34 U. S. Stat. at Large, ch. 3591, pp. 584, 595, U. S. Comp. Stat. 1901, Supp. 1911, pp. 1284, 1307) an initial carrier is not liable as a carrier for an interstate shipment over lines of connecting carriers where the goods -were held at their destination by the last carrier as a warehouseman, after the lapse of a reasonable time for their removal subsequent to the mailing of a notice of their arrival and reasonable diligence to find and locate the consignee.</p> <p>2. Same — Initial Carrier Not Liable When Delivering Carrier’s Liability Ceases. It was not the purpose of the Carmack amendment to make the initial carrier liable where the connecting carrier’s liability as a carrier has ceased. A carload of flour received by defendant for transportation beyond its line from a point in one state to a point in another state, having’ duly arrived at the place to which the shipper had by mistake billed the car, and there remained uncalled for five days after notice mailed to the consignee named and after diligent inquiry upon the part of the connecting carrier to find and locate the consignee had failed, the liability of the last carrier as a common carrier had terminated, and it was liable only as a warehouseman.</p> <p>3. Same — Proximate Cause of Loss Was the Fire■ — Not Negligence of Connecting Carrier. In the case stated in the preceding paragraph the goods arrived at the destination named in the bill of lading on the morning of April 4. The- local agent of the last carrier mailed a postcard notice to the consignee and made inquiries to find the consignee, but was unable to do so. The car and contents were destroyed by fire on April 9 without fault or negligence of the last carrier. On April 5 the shipper discovered the mistake in the billing, and requested an in