Scammon v. Wells, Fargo & Co.

Citations

• 84 Cal. 311
• 24 P. 284
• 1890 Cal. LEXIS 810

Syllabus

<p>Common Carrier — Liability Limited to Disclosed Value of Articles Carried. — A common carrier is not liable upon any package carried for more than the value of the articles as named in the receipt or bill of lading. He has a right in all cases to be truly informed as to the value of the property, in order to estimate the risk, and determine the care which should he exercised in the protection of the property, and to save himself from loss.</p> <p>Id. — Trover for Goods Stolen from Carrier. — A carrier is not liable in trover for property, of which he has been robbed, beyond the value specified in his receipt, in the absence of charge of fraud, malice, oppression, or collusion with the robber, or of willfully mingling the property after rescue with other property of the same kind, so that it cannot he identified or segregated.</p> <p>Id. — Settlement with Consignee. —A carrier has the right to assume that the consignee is the owner of goods consigned, and to settle with him therefor, if he has been robbed thereof, in the absence of notice that the consignor was the owner of the property.</p> <p>Id. — Agency of Consignee for Consignor—Notice to Principal— Settlement with Agent. — If the consignee is authorized as agent of the consignor to receive money from a carrier as damages for the loss of goods consigned, the consignor, as principal, is charged with notice of what the agent has done, and is hound by a settlement and abandonment of further claim made by the agent.</p> <p>Id. —Rights of Owner of Goods Stolen from Carrier. — The owner of goods stolen from a carrier may either demand the value of the property which was lost, or wait until the property is recovered, and then demand possession of the property itself.</p> <p>Id. — Recovery of Stolen Articles by Carrier after Settlement of Damages — Passing Title. — If the value of articles stolen from a carrier has been paid to and accepted by the owner or his agent in the amount specified in the receipt, without sui