Canadian Pac. Ry. Co. v. Wieland
Court of Appeals for the Ninth Circuit
In Error to.the District Court of the United States for the Second Division of the Northern District of California; Win. C. Van Fleet, Judge. Action by John Wieland, doing business under the firm name and style of Wieland Bros., against the Canadian Pacific Railway Company. There was a judgment for plaintiff, and defendant brings error.
Read the full summary
In Error to.the District Court of the United States for the Second Division of the Northern District of California; Win. C. Van Fleet, Judge. Action by John Wieland, doing business under the firm name and style of Wieland Bros., against the Canadian Pacific Railway Company. There was a judgment for plaintiff, and defendant brings error. The defendant in error brought an action to recover the value of goods delivered to the plaintiff in error for transportation from Antwerp, Belgium, to San Francisco, Cal. The goods were destroyed by fire while they were stored in the government warehouse at…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1] It is the contention of the plaintiff that the goods before the time of their destruction had been delivered and accepted by the defendant, as a carriei-, for immediate transportation, that the fact that the goods were destroyed while in the government warehouse, in the exclusive custody of the Belgian customs officials, in no way limits or varies or changes the responsibility of tile defendant, and that it is liable for the goods as an insurer thereof. It is the contention of the defendant that the goods were never at any time before their destruction…
2Cases cited11 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. Commercial Union InsuranceSupreme Court of the United States · 1891
- Gilman v. WilliamsWisconsin Supreme Court · 1859
- The Arctic BirdDistrict Court, N.D. California · 1901
- Arthur v. Texas & Pacific Railway Co.Supreme Court of the United States · 1907
- Northern Commercial Co. v. LindblomCourt of Appeals for the Ninth Circuit · 1908
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- McLeod Lumber Co. v. CrowleyDistrict Court, N.D. California · 1925
- Palmer v. Agwilines, Inc.District Court, E.D. New York · 1941