Wilson v. California Central Railroad

Citations

• 94 Cal. 166
• 29 P. 861
• 1892 Cal. LEXIS 661

Syllabus

<p>New Trial —Conflict of Evidence — Motion Heard before Different Judge—Order Granting.—Notwithstanding a conflict in the evidence, a new trial may be granted by the lower court on the ground that the verdict was against the evidence on a material issue, although the judge who heard and determined the motion for a new trial had not tried the case nor heard the evidence. In determining the motion, the lower court is not governed by the same rule that prevails in the appellate court as to conflicting evidence.</p> <p>Common Carrier — Storage in Warehouse — Action Lies on Contract after Storage. — A failure of a common carrier to deliver the goods carried on demand, without lawful excuse, even after the transit has ceased, and the goods have been stored in a warehouse at the place of consignment, is a breach of the carrier’s original contract, for which suit may be brought upon that contract.</p> <p>Id.—Burden of Proof to Show Absence of Negligence — Loss by Pire. —Where a common carrier of goods is sued on his contract of carriage for a failure to safely carry and deliver the goods at the place of consignment, and sets up in defense that after the arrival of the goods they were stored in a warehouse, and were there destroyed by fire without his negligence or fault, the burden of proving this defense, including the loss by fire without negligence or fault on his part, is on him.</p> <p>Id. —Unreasonable Delay to Bbmove Goods.—Under the circumstances of this case, the delay of the consignee for three months to remove the goods from the warehouse in which they had been stored by the carrier, upon their arrival at the place of consignment, cannot be held as matter of law to have been unreasonable.</p> <p>Id. — Carrier’s Liability as Warehouseman — Notice of Arrival.— Under section 2120 of the Civil Code, a common carrier, in order to reduce his liability to that of a warehouseman as to goods which have arrived at the place of consignment, and which have been stored in a