26 FEDERAL REPORTER.,
while in depots or other places of transhipment, or at depots or landings at
points of shipment or delivery. y
* ·r• we we m rk ·•= »•• ui
“(7) In consideration of the special rate named in margin, the shipper or
agent of the owner of the property carried agrees to effect an insurance
against lossvorhamage by tire while in transit, in deposit, or in places of
transhipment, or. at depots or landings at all points of delivery; and it is ex-
pressly agreed that the carrier shall be entitled to the benefit of any insur-
ance effected covering any such risk, loss, damage, or detriment.
" (8) It is further stipulated and agreed that in case of any loss, detriment,
or damage done to or sustained by any of the property here receipted for,
during such transportation, whereby any legal liability or responsibility shall
or may beincurred by the terms of this contract, that company alone shall be
held answerable therefor in whose actual custody the same may be at the time
of the happening of said loss, detriment, ordamage, and the carrier so liable
shall have the full. benelit ofaany insurance that may have been edected upon
or on account of said goods. s
"This contract is executed and accomplished, and the liability of the com-
panies as common carriers thereunder terminates, on the arrival of the goods
or property at the station or depot to which this bill contracts, and the com-
panies will be responsible as warehouseman only thereafter; and unless re-
moved by consignee from the station or depots of delivery within twenty-four
hours of their said arrival, they may be removed and stored by the companies
at the owner’s`expense and risk. ~.
"No*rroE. In accepting this bill of lading, the shipper or the agent of the
property carried expressly agrees to all stipulations, exceptions, and condi-
tions.
’· "In witness whereof, the agent hath ailirmed to ———-·— bills of lading, all
of this tenor and date, one of which being accomplished, the others to stand
void., . A "—; -—-——, Agent."
Third. The route over which the cottonrwas to be carried, as fully under-
stood by the plaintiffs, was by the Memphis dc Charleston road to Chatta-
. nooga; thence by the East Tennessee, Virginia & Georgia Railroad to Bristol;
thence by the Norfolk & Western Railroad to Norfolk; thence by the steanrers
of the Merchants’ 8a Miners’ Steam-ship Company to Providence. Manifests
or way-bills, which are memoranda sent by the first carrier with each car
containing instructions to the succeeding carriers for the transhipment and
final delivery of the freight, accompanied each shipment, giving the directions
under which the cotton was to be transported and transferred from one carrier
to the other. The through freight was 74 and 78 cents per hundred pounds,
which was less than one-half the sum which would have been charged had the
cotton been shipped and reshipped over each of the connecting lines. The
plaintiffs had made other shipments by the same route, and knew the line of
steam ers by which the cotton was to be carried from Norfolk to Providence.
The time occupied in transport between Bristol and Norfolk by railroad is 48
hours, and from Roanoke to Norfolk is 36 hours. The usualdelay in tranship·
ment at Norfolk was two days. In ordinary course of transportation cotton
reaches Providence in 14 to 18 days from Memphis, and it was the usual
course of dealing of the plaintiifs to send out tracers if the cotton did not ar-
rive within 20 days from the time of shipment.
Fourth. The Merchants 8a Miners’ Transportion Company run two lines
from Norfolk,-one to Boston and one to Providence,--and prorate with the
Virginia, Tennessee 8t Georgia Air-line upon all freight received from over
_ that line; and, by an understanding between the steam-ship companies run-
ning steamers from Norfolk, is the only line that carries freight to points