Hunter Packing Co. v. Baltimore & O.R. Co

DUFFY, Circuit Judge.

Plaintiff brought this action to recover damages which it sustained when two shipments of perishable meat products owned by plaintiff and transported by defendant as a common carrier for hire were inundated in a flood at Smith-burg, West Virginia. The meat products were shipped from East St. Louis, Illinois, for delivery to consignees in Philadelphia, Pa., and Washington, D. C. The bills of lading each contained a provision that defendant would not be liable for any loss caused by an act of God.

There was no denial that while being transported in one of defendant’s trains…