Louisville & Cincinnati Packet Co. v. Long

Citations

• 24 Ohio C.C. Dec. 72

Syllabus

<p>CARRIERS — ERROR.</p> <p>1. Act of God Injected.as Defense When not Pleaded, is Erroneous, but Reversal Refused Because not Prejudicial to Complainant.</p> <p>Subjection of an instruction as to act of God as a matter of defense, in an action against a carrier for the value of apples frozen in transit, no such issues being pleaded, constitutes error; but since the error was prejudicial to the consignee rather than the carrier, it is not ground for reversal upon petition in error of the carrier.</p> <p>2. Freezing Apples in Transit in December in Southern Ohio not Due to Act of God.</p> <p>Freezing of a shipment of apples in transit in the latitude of Southern Ohio in December cannot be attributed to the act of God, or to any inherent nature of the fruit which could not be guarded against, but is due to the negligence of the carrier.</p> <p>[Syllabus approved by the court.]</p>