Selected Cases On the Law of Bailments And Carriers : Including the Quasi-Bailment Relations of Carriers of Passengers And Telegraph And Telephone Companies As Carriers

Cover Selected Cases On the Law of Bailments And Carriers : Including the Quasi-Bailment Relations of Carriers of Passengers And Telegraph And Telephone Companies As Carriers
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C.) 455, 53 Am. D. 412.
Some question was made on the argument whether the con- signors can be held, in the absence of explicit evidence on the subject, to have authority to enter into special contracts with the carrier which shall be binding on the consignee. His au- thority, I think, is to be presumed ; and the carrier is under no obligation to inquire into it: Moriarty v. Harnden, 1 Daly, 227. It is a question of more difficulty whether the Ohio bills of lading would govern the transportatio
...n for the whole route.
By their terms the Cincinnati, Hamilton and Dayton Kailroad Company acknowledge the receipt of the goods in good order, to be delivered in like good order "at Toledo for Detroit," unto the plaintiffs or their assigns, they paying freight. No evidence is given of any custom that these contracts shall govern the whole distance ; nor does the case show whether the rates of freight specified are for the delivery at Toledo or at Detroit.
The words employed only import that the goods are to be carried to Toledo, and from thence forwarded; and in the absence of any special custom on the subject, it would seem that the com- pany giving these bills fully discharged their duty when they had delivered the goods to the defendants at Toledo.


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