Hines

The causes above entitled were brought in the superior court and by agreement of the parties the evidence heard and stipulations made were deemed to apply in both. Judgments were rendered in favor of the plaintiff, from which judgments defendants have appealed. The questions presented on appeal are the same in both cases; hence the two appeals will be considered together.

The actions were to recover from the defendants the value of certain shipments of cantaloupes amounting in all to about twelve carloads. Each carload was billed as a separate shipment and bills of lading were issued to the consignor. The cantaloupes were received by the carrier at Chatsworth, in the county of Los Angeles, but 'were not transported to their destination; in fact, none proceeded farther on their way than to reach the yards of the carrier at Los Angeles. It was pleaded in defense that a strike occurred in the Los Angeles yards, which prevented the cantaloupes from being transported in accordance with the shipper’s directions. A term of the bill of lading was relied upon and pleaded, which purported to exempt the carrier from responsibility where a strike intervened to obstruct its functions. The…