nnnmc v. Nonrom: at w. n. co. ` 29 l
ing known to the agent of the steam-ship company that its line was also run- `
ning full, and upon application it did decline to charter one of its steamers.
The Merchants’ 8a Miners' Company offered the cotton for transportation to
the Old Dominion Steam-ship Company. That line was also crowded, and the
` cotton was refused. In other respects the Merchants’ & Miners’ Company
confined its efforts to chartering additional steamers, as already stated. It
does not appear that the railroad company itself made any efforts to secure
other transportation to Providence after the refusal of the Merchants’ &
Mine1·s’ Company to accept, but relied upon the assurances of the oiricers and
agents of the steam-ship company that vessels would be supplied in a few
days.
Eighth. The plaintiffs held an open policy of insurance in the Phcenix In- °
surance Company of Brooklyn, covering the entire transit from Memphis to
Woonsocket, as follows:
" By the Phoenix Insurance Company, R. H. Deming & Co., on account of
themselves, and to cover all cotton consigned to them by invoice and bill of
lading, in case of loss to be paid in funds current in the city of New York, to .
them or order, do make insurance and cause to be insured, lost or not lost, at
or from any seaport or inland town in the United States. direct or via port or .
ports to Boston, New York, Providence, and mills in the New England states.
The fire shall be covered by this policy for not exceeding ten days prior to
shipment, and for not exceeding ten days after arrival and discharge at port or ‘
place of destination, without additional charge of premium therefor. On cot-
ton and other merchandise, each ten bales subject to separate average. To
cover all cotton, whether consigned to them or to other parties in which the
said B., H. Deming & Co. have an interest. To attach to all shipments,
whether indorsed or not, but notice to be given this company as soon as known
to the assured. This policy to attach as soon as the property is at the risk of
the owner. Either party at liberty to cancel on giving ten days’ written
notice, but not to prejudice any risk then pending. Sum insured, $500,000,
upon all kinds of lawful goods and merchandise. laden or to be laden on board
the good vessel or vessels or conveyances. To attach to all shipments made
on and after this date. Insured for cost and ten per cent. unless otherwise
agreed upon at time of indorsement. Also to cover such other shipments
as may bc approved and indorsed by this company. Premiums te be settled
monthly."
Morton P. Henry and R. O. McMurtrie, for plaintiffs.
The carrier who accepts goods to be carried beyond hisown line
for a through rate is bound to have transportation ready at the ter-
minus of his line. Bussey v. Memphis ct L. R. R. Oo. 13 Frm. Rnr. `
‘ 330; Railroad v. Mcnuf’g Co. 16 Wall. 318; Great Western R. Oo.
v. Burns, 60 Ill. 284. The carrier is liable upon deviation from con-
‘ tract. Maghee v. O. rt A. R. C0. 45 N. Y. 514; Falvey v. Northern
Transp. Oo. 15 Wis. 129; Cussiluy v. Young, 4 B. Mon. 265; Mer-
chants’ Ins. Oo. v. Algeo, 32 Pa. St. 330; Davis v. Garrett, 6 Bing. 716;
Hand v. Baynes, 4 Whart. 201 ; Robinson v. Merchants’ Dispatch
Oo. 45 Iowa, 472. The burden is upon carrierto show excuse. Fal- -
veg v. Northern Transp. Oo., supra; Bussey v. Memphis dL. R. If. Oo.,
supra.
Samuel Dixon and Wm. Allen Butler, for defendant.
Connecting carriers are not liable for the capacity of each succeed-
ing carrier to immediately receive all goods which may be tendered.
Tns. Oo. v. Railroad O0. 104 U. S. 146; 3 Amer. & Eng. Ry. Cas.