MILNE v. DOIJGLASB. K 37 i
Mrmm v. Douenlss and others?
(Circuit (/ourt, E. D. Missouri. April 26, 1882.)
Common C.uuma:1zs—J onsr Conrxscrs.
Where three railroad companies having connecting lines of road, and a »
steam-ship company connecting with the terminal line, entered into a contract
, with A. to transport certain property over their roads and upon said steam-
ship company’s vessels from X. to Z., and A. suffered loss through the negli-
gence of one of said contracting parties ln transporting said property, held,
that said companies were jointly liable, notwithstanding the fact that the bills
of lading under which said property was shipped were signed by the agent of
said companies °‘ severally but not jointly, " and although said bills of lading
provided that ‘* in case any loss, detriment, or damage is done to or sustained
by any of the property herein receipted for during such transportation, whereby
any legal liability or responsibility shall or may be incurred, that company
alone shall be held answerable therefor in whose actual custody the same may be
at the time of the happening of such loss, detriment, or damage ;" that the lia- ·
bility of said roads should cease upon theirdelivering said property to said
steam-ship company in safety, and although said bills of lading contained the
the followingclause, viz. : °‘NOTICE. In accepting this bill of lading, the ship-
per, or agent of the owner of the property carried, expressly accepts and agrees
to all its stipulations and conditions." .
Demurrer to Answer.
This is a suit brought by John Milne against John M. Douglass,
receiver of the Ohio & Mississippi Railway Company, and the New
York, Pennsylvania & Ohio Railroad Company, the New York, Lake
Erie & Western Railroad Company, and the Red Cross Line of steam-
ships. The petition states that plaintiff is a commission merchant,
doing business at Dundee, Scotland; that said steam-ship line and
railroad companies are corporations; that said Douglass is receiver
of the company hrst aforesaid; that defendants had received certain
shipments of Hour in the city of St. Louis for and on account of
plaintiif, to be transported by them to Dundee, Scotland; that de-
fendants failed to transport said flour within a reasonable time to its
said destination; and that plaintiff was thereby damaged in a sum
stated. Defendant Douglass filed a separate answer; stating that
said flour had been shipped under bills of lading attached to the
answer; that it had been transported by the Ohio & Mississippi Rail-
way Company to the end of its line without delay, and then delivered
in safetyto the New York, Pennsylvania & Ohio Railway Company,
and that its liability under said bills of lading' thereupon ceased.
The New York, Pennsylvania & Ohio Railroad Company and the
*Reported by R. F. Rex, Esq., of the St. Louis bar.