Jolly v. Atchison, Topeka & Santa Fe Railway Co.

Carrier—Contract for Carriage of Freight—Conflict of Laws.—A contract of carriage, made in one state when delivery is to be had in another, is governed, so far as delivery is concerned, by the laws of the latter state.

Id.—Liability as Insurer of Goods.—A carrier is liable for goods as an insurer until it delivers them to the consignee in the manner required 'by law.

Id.—Notice to Consignee of Arrival of Goods.—A postal card and telephonic message to the consignee of goods on the morning of their arrival, stating that the car would be delivered in the usual course of business, is at most a notice of intention to make delivery in the future, and should be followed by some actual notice of delivery within business hours.

Id.—Destruction of Goods at Destination—Liability to Consignee.— Where a railway company places a ear on the siding next to the consignee’s warehouse, after the warehouse is closed for the day, without notice to him and contrary to the custom to first receive instructions from consignees before placing cars, and a few hours thereafter goods in the ear are destroyed by fire, the railway company is liable to the consignee.

Id.—Bill of Lading—Limitation of Liability.—A provision in the bill of lading that the goods “when received from or delivered on private or other sidings shall be at owner’s risk until the cars are attached to and after they are detached from trains,” does not relieve the carrier from liability, in view of a further provision that “property destined to or taken from a station at which there is no regularly appointed agent shall be entirely at the risk of the owner when unloaded from cars or until loaded into cars, and when received from or delivered on private or other sidings shall be at the owner’s risk until the cars are attached to and after they are detached from trains.”

Id.—Construction of Bill of Lading against Carrier.—Stipulations in bills of lading are most strongly construed against the carrier.

Id.—Notice of Claim for Loss of Goods—Time fob Filing.—The time for filing claims against a carrier for loss of goods is not one of the matters assented to by the consignee without his signature, under section 2176 of the Civil Code, and if notice is given within a reasonable time the law is satisfied.