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INSURANCE COMPANY V. RAILROAD COMPANY, 104 U. S. 146 (1881)

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U.S. Supreme Court

Insurance Company v. Railroad Company, 104 U.S. 146 (1881)

Insurance Company v. Railroad Company

104 U.S. 146

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE EASTERN DISTRICT OF MISSOURI

Syllabus

A contract between A., a dispatch company, and B., a railroad company, whose road, in connection with those of other companies, forms a continuous line, stipulated that B. should "receive, load and unload, deliver and waybill," all freight sent to it by A. at such rates for transportation as may be established by the railroad companies, and should, while assuming all the risks of a common carrier, pay for all damage to or loss of property while on its road or in its possession. A similar contract was entered in by A. with each of the other companies, between which there was an arrangement that the amount charged for the through freight should be divided between them according to the length of their respective roads; that each company should pay for losses occurring on its road; and that on such freight the last carrier should collect the charges from the consignee, deduct its share thereof, account in the same way to the next company, and so on to the first. Settlements were made by the railroad companies periodically upon accountings between them, and each settled separately with A. Held, 1. that B., by its agreement with A., incurred neither an obligation to carry freight beyond its own road nor a liability for the negligence of either of the other companies; 2. that the arrangement between the railroad companies did not make them partners inter sese or as to third persons.

The facts are stated in the opinion of the Court.





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