Jackson v. Sacramento Valley Railroad

Citations

• 23 Cal. 268

Syllabus

<p>The liability of a railroad company, as common carriers, differs from their liability as warehousemen.</p> <p>As common carriers, they are bound to safely transport and deliver goods to the point of their destination, unless the same are lost by the act of God or the public enemy; and the burden of proving that they are thus lost, rests upon the company.</p> <p>When the goods arrive at the point of destination, and are placed in the warehouse of the company, its liability as warehousemen commences, and from that time it is bound only to use ordinary care and diligence in safely keeping and delivering the goods ; and the burden of proof in case of loss is on the bailor.</p> <p>In an action against a railroad company for loss of goods as common carriers, where the proofs render it uncertain whether the goods are lost while being transported, or after being deposited in the warehouse, and there is no proof of want of ordinary care, the judgment will be reversed.</p>