Lake Erie & Western R. R. v. Hatch
Hancock Circuit Court
Error to the Court of Common Pleas of Hancock county. Hatch sued the railroad company as a common carrier to recover the value of goods shipped to him from Sandusky to Findlay, which the company failed to deliver. The company admits it carried the goods; that they arrived at its station at Findlay, and that they were not delivered to Hatch.
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Error to the Court of Common Pleas of Hancock county. Hatch sued the railroad company as a common carrier to recover the value of goods shipped to him from Sandusky to Findlay, which the company failed to deliver. The company admits it carried the goods; that they arrived at its station at Findlay, and that they were not delivered to Hatch. It avers that Hatch was notified of their arrival; that he failed to call for and receive them' within a reasonable time; that they were placed in the company’s warehouse, where, without any fault on the part of the company, they were destroyed by fire.…
1Opinion of the CourtBeer, J.
Was the relation of the company to the goods that of common carrier, or warehouseman?
It is claimed by plaintiff in error that when the transit is ended, and the carrier has placed the goods in his warehouse to await delivery to the consignee, his liability as carrier is ended, and he is then responsible as warehouseman only.
In support of this position counsel cite 118 Mass., —; 46 Ala., 63; 30 Pa. St., 247; 60 Ia., 109; 23 Cal. 268; 46 Ga., 433; 64 Ill., 284; 25 Ind., 434; 40 Ia., 679; 71 Mo., 203, and numerous other authorities.
It is claimed by defendant in error that the responsibility of a…
2Cases cited17 opinions
- Blumenthal v. BrainerdSupreme Court of Vermont · 1866
- Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1859
- Rawson v. . HollandNew York Court of Appeals · 1875
- Sherman v. . Hudson River Railroad Co.New York Court of Appeals · 1876
- Louisville & Nashville Railroad v. McGuire & Co.Supreme Court of Alabama · 1885
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