Scranton

Plaintiff delivered to defendant, a common carrier, certain personal property to be shipped over defendant’s lines of railway from Portland, Oregon, to Monrovia, California. While in transit the goods were destroyed by fire and plaintiff commenced this action to recover their value. The trial court found that the value of the property was $85,0 and rendered judgment for that amount. Defendant appeals.

It is contended by appellant that the judgment was excessive, and in order to lay a foundation for the discussion of the question presented it is necessary to refer in part to the contents of the bill of lading which was issued by appellant at the time the goods were lodged with it for shipment. The property shipped was listed in the document as follows: “2 Bxs Canned Fruit. 1 Crt. Trunk. 1 Bx H H. Gds. 1 Bdl Lumber dressed.” There was a memorandum in the bill of lading sighed by an agent of respondent, but we lay aside for the present all question as to the nature or extent of the authority of the agent who appended the signature. The memorandum read: “I hereby declare the value of H. H. Goods herein described as 10 cents per lb.”

The trial court made various findings of fact…