Heath

Defendant, a New York corporation, is engaged in the business of shipping and forwarding freight of all kinds, especially household furniture, from New York city to all points in the United States. For this purpose, defendant, at its loading station in Newark, New Jersey, assembles goods of various ownership that are to be shipped to a common destination. This is done for the purpose of making up a carload, that thereby a through rate may be obtained that is less than the published rates of the railroad company for broken lots. The accumulated carload, so assembled for any given destination, is billed to defendant’s distributing agent at the point of destination, and such distributing agent distributes the goods to the various owners at that place?

In the month of December, 1916, plaintiff, who then resided in New York, desiring to ship his household furniture to Los Angeles, which city he contemplated making his home, entered into a contract, at New York, with defendant, whereby defendant agreed to prepare plaintiff’s household furniture for shipment, and ship it from New York to Los Angeles. Plaintiff left the city of New York and arrived in Los' Angeles about December 11,…