Page v. Chicago, St. P. M. & O. Ry. Co.

Citations

• 7 S.D. 297
• 64 N.W. 137
• 1895 S.D. LEXIS 72

Syllabus

<p>1. In the absence of a special contract, the liability of a common carrier accepting freig'ht for a place beyond its usual route ceases when such freight is properly delivered to a competent carrier carrying to the place of address or connected with those who thus carry. Comp. Laws, sec. 3905.</p> <p>2. A local station agent, as such, has no power, without further authorization, express or implied, to bind his company by a contract to transport freight beyond its line.</p> <p>3. It is, however, entirely competent for a carrier to contract to carry freight beyond its own line, and if it does so undertake, such contract is binding upon it.</p> <p>4. Such contract may be shown, not only by express stipulation of the authorized agent of the carrier, but by facts and circumstances created by itself, indicating that it was thus to carry through.</p> <p>5. An agreement upon and payment of one entire and solid compensation to the place of destination, and the sending by the carrier of a car of the connecting line over which such freight was to pass, upon and after an agreement with the local agent that the shipper was to have a through car, so that the freight should not be subject to be unloaded or handled in transit, are circumstances sufficiently tending to show a through contract to entitle such evidence to go to the jury upon the question of whether or not the carrier made or recognized such a contract.</p> <p>Fuller, J., dissenting.</p> <p>(Syllabus by the Court.</p>