Oregon-Washington R. & Nav. Co. v. McGinn, 258 U.S. 409 (1922)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 258 U.S. 403, click here.

Oregon-Washington Railroad & Navigation Company v. McGinn


No. 170


Argued March 17, 1922
Decided April 10, 1922
258 U.S. 409

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT

Syllabus

1. In the absence of a statute or special contract, the liability of a connecting carrier on a through route for the safety of freight begins when it receives it and is discharged by its delivery to and acceptance by the succeeding carrier or its authorized agent. P. 413.

2. The Cummins Amendment deals with and modifies the common law liability only of the initial carrier, rendering that carrier liable for loss or damage of property committed to its care until delivered to the consignee, but leaving the relation of all connecting carriers, including the terminal carrier, to the shipper or consignee or to each other, entirely unaffected. P. 413.

3. Where a bill of lading for a through shipment of livestock provided that no carrier except the initial carrier should be liable for loss or injury not caused by it, held that the terminal carrier was not liable to the consignee for an injury on the line of an intermediate carrier. P. 412. Georgia, Florida & Alabama Ry. Co. v. Blish Milling Co., 241 U.S. 190, distinguished.

265 F. 81 reversed.

Certiorari to a judgment of the circuit court of appeals reversing a judgment of the district court adverse to the plaintiff and present respondent in an action to recover from the present petitioner for damages to livestock while in transitu.