Jackson v. Sacramento Valley Railroad

Crocker, J. delivered the opinion of the Court—Norton, J. concurring.

This is an action against the defendants, as common carriers, for the value of certain goods received by them as such, and which it is alleged they failed to deliver to the plaintiff. The case was tried by a jury, who, under the direction of the Court, found the following special verdict: “ 1st. Were the packages of goods in question in this suit, at the depdt of defendants, among other packages of the plaintiffs at the time the agent of plaintiffs signed the receipts for the same ? Answer: No. 2d. Were the packages in question delivered to and received by the agent of plaintiffs? Answer: No. 3d. Were the said packages lost to plaintiffs by the carelessness, want of ordinary care, or ordinary negligence of defendants or their agents ? Answer: Tes.” On this verdict the Court rendered a judgment for the plaintiffs for the sum of two hundred and five dollars and costs of suit; from which defendants appeal.

One important question involved in this case is the extent of [272]liability incurred by railroad compames engaged in the transpor-. tation of goods. There is no doubt that after they receive goods, and while the same are being transported from the place of receipt, and until they arrive at the depdt or warehouse of the company where they are to be delivered, the latter are bound to perform all the duties and incur all the liabilities and responsibilities of common carriers. Although the general rule is, that goods received by a common carrier must be actually delivered to the consignee at his residence or place of business, yet this rule is varied by well-established customs and usages. Thus, it does not apply to railroad companies, whose well-established custom is to receive and deliver goods at regular stations and depdts or warehouses, and who do not assume any obligations to receive or deliver goods at any other places. After goods are received, and while they are in transitu_ from the station or depdt where they are received to the station or depdt where they are to be delivered, they are acting as common carriers, and are liable as such accordingly; but when the goods arrive at the proper depdt for delivery, if the consignee or his agent is not present ready to receive them, it is the duty of the company to deposit them in their warehouse for safe keeping until the consignee is ready to receive them, or at least to keep them a reasonable time for that purpose. But their liability as common carriers ceases in such cases when the goods are deposited in the warehouse; and from that time their liability as warehousemen commences, and continues until they deliver the goods to the consignee, or in case of his unreasonable delay, they place them in charge of some other warehouseman, to keep for the consignee. (Angell on Carriers, Secs. 301-305; Story on Bailments, Sec. 448.)