Urbana Egg Case Co. v. Nypano Railroad

Citations

• 16 Ohio N.P. (n.s.) 321

Syllabus

<p>Negligence — Not Proximate Cause of Loss — Where Concurrent With ■ an Act of Gocl and the Loss Not One Which Could Have Been Foreseen.</p> <p>A shipment of merchandise was received by the E. R. R. Co. at Urbana, O., on March 20th, 1913, for shipment to Cincinnati, Ohio. In the course of transportation, the shipment arrived at Dayton on the same day and was delivered to a connecting carrier for transportation to Cincinnati. While awaiting further movement in the yards of the latter carrier at Dayton, the shipment was destroyed in the flood occurring on the morning of' March 25th, 1913, which was an unusual, extraordinary and unprecedented flood, amounting to an act of God, which the carriers could not reasonably have anticipated; Held:</p> <p>That the act of God and not the delay, although they existed concurrently in point of time, was the approximate cause of the loss, and that, therefore, defendants are not liable.</p>