Henningsen Produce Co. v. American Railway Express Co.

Action to recover for merchandise lost by the defendant express company in transit. There was judgment for the plaintiff for the amount of the loss. The defendant appeals.

■ 1. The facts are not in dispute. On August 29, 1918, the plaintiff delivered to the defendant at Butte, Montana, six cubes of butter for transportation to Portland, Oregon. It was not delivered to the consignee. The cause of the loss is not shown. The Cummins Amendment of March 4, 1915, 38 St. 1196, c. 176, to the Carmack Amendment to the Interstate Commerce Act, relative to bills of lading, liability of carrier, etc.,…