Chicago & E.I. R. Co. v. Collins Produce Co., 249 U.S. 186 (1919)

Chicago & Eastern Illinois Railroad Company

v. Collins Produce Company
No. 138

Submitted January 16, 1919
Decided March 3, 1919
249 U.S. 186

ERROR TO THE CIRCUIT COURT OF APPEALS

FOR THE SEVENTH CIRCUIT

Syllabus

In an action against an initial carrier to recover for goods lost on the line of a connecting carrier, the Carmack Amendment does not lay upon the shipper the burden of proving that the loss was "caused by" the connecting carrier. P. 191.

Where a shipper took depositions as to telephone and postal communications tending to prove liability of a connecting carrier for a loss of goods, and the defendant initial carrier introduced the depositions in evidence, held that it could not be heard to object that the senders of the messages were not identified as officers or agents of the connecting carrier. P. 192.

A shipment of poultry, delayed by floods, was appropriated by state military authorities at the solicitation of the carrier and upon its false or not justified representation that the fowls were abandoned by their caretaker and dying. Held that the carrier was liable to the shipper, as the loss was not attributable to "the act of God" or "the authority of law" excepted in the bill of lading. Id.

235 F. 857 affirmed.

The case is stated in the opinion.