Pittsburgh, Cincinnati & St. Louis Railway Co. v. Barrett
Ohio Supreme Court
Error to tbe District Court of Greene County. This was an action below, by Barrett and Walton, to recover tbe value of lard and meat, wliicb wTas destroyed by fire, while in tbe custody of plaintiff in error. Only so much of tbe facts as relate to tbe lard need now be stated, as tbe action for tbe meat is not before the court.
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Error to tbe District Court of Greene County. This was an action below, by Barrett and Walton, to recover tbe value of lard and meat, wliicb wTas destroyed by fire, while in tbe custody of plaintiff in error. Only so much of tbe facts as relate to tbe lard need now be stated, as tbe action for tbe meat is not before the court. On February 22, and March 5, 1873, Barrett and Walton delivered to plaintiff in error, a common carrier by rail, one hundred and forty tierces of lard, to be shipped to Colgate & Co., New York, to whom it bad been sold, deliverable on tbe cars at Spring Yalley station,…
1Opinion of the CourtJohnson, J.
That this lard was received by the defendant as a common carrier for immediate shipment to Colgate & Co.; that nothing further remained to be done by the shipper, or any further orders, directions or instructions were to be given before such shipment; that it was destroyed by an accidental fire while stored in the defendant’s warehouse awaiting shipment, which had been delayed by the defendant’s inability to obtain the -necessary cars, owing to a press of business at that season of the year, are facts conceded or clearly established by the testimony.
It also clearly appears that there was such…
2Cases cited13 opinions
- Railroad Co. v. Manufacturing Co.Supreme Court of the United States · 1873
- Merriam v. Hartford & New-Haven Rail-roadSupreme Court of Connecticut · 1850
- Illinois Central Railroad v. J. L. Smyser & Co.Illinois Supreme Court · 1865
- St. Louis, Alton & Terre Haute Railroad v. MontgomeryIllinois Supreme Court · 1866
- Watts v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1871
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