Little Miami Railroad v. Washburn
Ohio Supreme Court
Error to Superior Court of Ciaeinnati. The plaintiff below filed his original petition against the present plaintiff's in error, and the Cincinnati Transfer Company, and the Ohio and Mississippi Railroad Company jointly. To this,, the defendants severally demurred, on the ground of misjoinder of parties defendant, and misjoinder of causes of action. The demurrer of the plaintiff in error was overruled, to which it excepted. That of each of the other defendants was sustained.
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Error to Superior Court of Ciaeinnati. The plaintiff below filed his original petition against the present plaintiff's in error, and the Cincinnati Transfer Company, and the Ohio and Mississippi Railroad Company jointly. To this,, the defendants severally demurred, on the ground of misjoinder of parties defendant, and misjoinder of causes of action. The demurrer of the plaintiff in error was overruled, to which it excepted. That of each of the other defendants was sustained. Leave was given to the plaintiff’ to file separate petitions against the two defendants, whose demurrers had been…
1Opinion of the CourtWest, J.
A common carrier who receives goods under an agreement to transport them over the whole or any part of his own route, and then to forward them to a destination beyond, acts in the two-fold capacity of carrier and forwarder. In the latter capacity, alleged negligence in which is the single ground of controversy presented by this record, he acts as agent of the consignor, and as such, is bound to transmit with reasonable exactness, to the next succeeding carrier, the instructions of his principal. If these instructions be without restriction as to the subsequent route, intermediate consignment,…
2Cases cited1 opinion
- Butterfield v. AshleyMassachusetts Supreme Judicial Court · 1850