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

Annotate this Case

U.S. Supreme Court

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

Oregon-Washington Railroad & Navigation Company v. McGinn

No. 170

Argued March 17, 1922

Decided April 10, 1922

258 U.S. 409

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. 258 U. S. 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. 258 U. S. 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. 258 U. S. 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.

Page 258 U. S. 411

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