Michaels v. Adams Express Co.

The opinion of the court was delivered by

Garrison, J.

The declaration counted upon the nondelivery of a box of merchandise entrusted by the plaintiffs to- the defendant as a common carrier. The defendant pleaded specially that the goods of the plaintiffs had been accepted for carriage under a stipulation that the defendant should not be held liable for any loss occurring from fire in any of its stores or depots unless the fire occurred through its negligence. The plaintiffs’ replication to- this plea was a denial of the existence of the contract. At the trial the plaintiffs proved the shipping…