Gerhard Mennen Chemical Co. v. Merchants Express & Transportation Co.

The opinion of the court was delivered by

Yooehees, J.

In this suit the plaintiff claims damages from the defendant, a common carrier, for failure to deliver goods as directed.

On November 14th, 1906, the plaintiff requested the defendant by telephone to deliver certain merchandise the next day or the day following to the steamship “Porter.” The defendant undertook to make such delivery, and accordingly, on the same day, sent six wagons and loaded the merchandise in and upon them. As each wagon departed the driver receipted for the load in a hook which was kept by the plaintiff. The entry in…