Palmer v. Atchison, Topeka, & Santa Fé R.R.

Citations

• 101 Cal. 187
• 35 P. 630
• 1894 Cal. LEXIS 1004

Syllabus

<p>Common Carriers—Delay in Transportation of Goods—Reasonable Time—Pleading—Demurrer.—Where the complaint in an action to recover damages for the alleged failure of a railroad company to transport and deliver to plaintiff five carloads of furniture within a reasonable time is in the usual form employed in common-law actions ex contractu, it is not subject to a general demurrer on the ground that the complaint should have specified what was a reasonable time for the transportation of the goods; and in the absence of a special demurrer directed to that point, the general allegation of a failure to transport and deliver within a reasonable time is sufficient.</p> <p>Id.—Liability of Carrier for Delay—Ordinary Care—Unexpected Storm.—A common carrier is liable for delay in the transportation and delivery of goods only when it is caused by his want of ordinary care and diligence; and where it appears that the delay complained of occurred upon the mountain division of a railroad, and was occasioned by an unexpected storm of unusual severity upon that division, and that the operators of the road used every reasonable effort to keep the line open, the railroad is not responsible for such delay.</p> <p>Id.—Transportation Over Connecting Line.—Where one railroad company accepts freight for a place beyond its route, in the absence of a stipulation that such company shall be responsible beyond the terminus of its line, its liability as a common carrier ceases upon making delivery to the connecting line at the end of its line.</p> <p>Id.—Law of Place of Contract.—The law of the place where the contract of carriage was made governs in determining the liability of the carrier, unless the parties at the time of making it had some other law in view.</p> <p>Id.—Law of Another State—Presumption.—Where a contract for transportation by a railroad company was made in another state, the law of which was not put in evidence, it must be presumed that the law of that state is the same as the