American Railway Express Co. v. Judd

The evidence shows that defendant had never stored the pecan trees in its depot or warehouse, but left them under “the shed” at the depot, where they were injured by the cold.

The defendant was holding the trees as a common carrier at its depot, not in its depot, at the time of delivery to consignee. The provisions of section 6137 of the Code of 1907 (section 10496 of the Code of 1923) had no application. It is shown by the evidence that the trees arrived at Auburn at 10:10 o’clock a. m., Friday, and were damaged by the cold during Sunday, that appellant did not give notice to the consignee,…