F. A. Straus & Co. v. Canadian Pacific Railway Co.

The defendant, a common carrier, undertook to carry, under a through bill of lading, a quantity of silk from Shanghai, China, via Vancouver, to New York city, consigned to order, notify F. A. Straus & Co., Inc. When the boat upon which the silk was shipped reached Vancouver, it was discovered that three bales of silk had been stolen from the silk room in which it had been placed at Shanghai. This is an action in conversion to recover the value of the silk stolen. The trial court submitted to the jury, without objection on the part of the defendant, the following issues:

First. Did the theft of…