Bertonneau

Plaintiff brought this action to recover the sum of $1,000, alleged to be the reasonable value of certain goods, wares and merchandise which had been committed to the custody of defendant as a common carrier for transportation from the city of Spokane, Washington, to Pasadena, California. Judgment was in favor of plaintiff in accordance with the prayer of his complaint, from which judgment defendant has appealed. The appeal is to be considered upon the judgment-roll, together with a bill of exceptions. The sufficiency of the evidence to sustain the decision of the court, and the failure of the trial court to find upon certain affirmative allegations contained in defendant’s answer, are the only questions presented for review.

The plaintiff in his complaint alleged that the goods, wares and merchandise were shipped from Spokane, Washington, on the twenty-ninth day of January, 1908, over the railway line of the Oregon Railway and Navigation Company and the railway line of the defendant, and that the plaintiff caused the freight to be prepaid upon said merchandise, and “that the defendant then and there agreed to deliver the said goods, wares and merchandise safely to A. Bertonneau…