Huenefeld Co. v. Chesapeake & Ohio Ry.

Citations

• 27 Ohio C.C. Dec. 227
• 24 Ohio C.C. (n.s.) 92

Syllabus

<p>CARRIERS.</p> <p>Richards, Chittenden and Kinkade, JJ.</p> <p>(Judges of the 6th district sitting hy designation.)</p> <p>Carrier Required to Show that Fire, Destroying Goods after Billed for Shipment, was without Its Fault.</p> <p>In an action against a railway company, to recover the value of goods destroyed hy fire, after being billed for shipment, where the bill of lading exempts the carrier from liability for loss occurring by fire without its fault, after the nondelivery of the goods is shown the duty rests upon the carrier to show that the loss was within the terms of the exception and occurred without its fault; and this principle is applicable although the fire originated on the premises of the plaintiff.</p> <p>[Syllabus by the court.]</p>