,38 _FEDEBAL REPORTER.
New York, Lake Erie & Western ` Railroad Company filed similar
answers, each alleging that the flour had been transported over its
road without delay, and turned over to the connecting line in safety.
The bills of lading referred to by defendants’ answers were each, so
far as they need be here set out, as follows:
·* Through bill of lading, N o. —, of the Ohio Sn Mississippi Railway, New
York, Pennsylvania & Ohio Railroad, and New York, Lake Erie & Western
, Railroad, and the Red Cross Steam-ship Line, from St. Louis to Dundee.
Shipped * * * per Ohio & Mississippi Railway, New York, Pennsylvania
& Ohio Railroad, and New York. Lake Erie & Western Railroad, to New
York,to be there delivered to the steam-ship pier for transportation by the
Red Cross Line of steam-ships, or other steamers, from New York to Dundee,
Scotland, the following property: * * p * To be delivered in like good
order and condition at Dundee unto order * * * under the following
terms and conditions, viz.:
·•• ·i= 4- ·•= If c ·c m •
•‘It is further stipulated and agreed that in case any loss, detriment, or
damage is done to or sustained by any of the property herein receipted for i
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.
t a =s= v ·•· o ·•= a =•» •» .
“ It is further agreed that the said Ohio & Mississippi Railway, New York,
Pennsylvania & Ohio Railroad, and New York, Lake Erie & Western Rail-
road have the liberty to forward the goods or property to port of destination ’
by any other steam-ship company than that named herein, and this contract
is executed and accomplished, and the liability of the Ohio & Mississippi Rail-
way, New York, Pennsylvania 8c Ohio Railroad, and New York, Lake Erie 8:
Western Railroad, as common carriers thereunder, terminates on the delivery
of the goods or property to the steamer or steam-ship company’s pier at the
port of New York, when the responsibility of the steam—ship company_com·
mences, and not before.
u- =¤ ·1= as s • ·•¤ m m
*‘ Norrcm. In accepting this bill of lading, the shipper, or agent of the owner
of the property carried, expressly accepts and agrees to all its stipulations,
exceptions, and conditions.
•*In witness whereof, the agent, signing for the said railway lines and
‘ steanrship company, hath affirmed three bills of lading. * * *
‘ •* G. L. DEAN,
“Agent severally, but not jointly.'
No answer was filed by the Bed Cross Line of steam-ships.
Plaintiff demnrred to all three answers on the ground that the
matter and things therein contained constitute no defense to the
plaintiffs action, or show any relief from the liability incurred when