Brounton

This is a petition for rehearing. Petitioner insists that his authorities all unite in showing that a non-suit can only be granted when there is no evidence whatever supporting plaintiffs' cause of action. We agree with this contention. In the opinion in the case we rehearsed the evidence very fully, and there is absolutely no evidence of negligence on the part of the railroad company. As we are *Page 179 still of the opinion that the nonsuit was properly granted, we see no reason for granting a rehearing. The petition for rehearing is denied. Chipman, P. J., and McLaughlin, J., concurred. A petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on January 10, 1906.

This is an appeal by the plaintiffs from a judgment dismissing their action upon motion of defendant for nonsuit and motion granted. The complaint is for damages in the sum of $387.18 against the defendant for failure, as a common carrier, to carry from Sacramento and deliver at Wheatland to the consignee certain moldings and other building material, said defendant having undertaken and agreed to do so; alleging as follows: "That defendant did not safely carry and deliver the said goods pursuant to said agreement, but, on the contrary, defendant so negligently and carelessly carried and hauled the same in his calling as common carrier, that the said goods were wholly destroyed and lost to the plaintiffs." Defendant's answer denies all the material allegations of the complaint, and alleges that the goods were received by *Page 175 it under a special contract, which contained the following: "Delivery: Freight carried by this line must be removed from the station immediately on its arrival, being at owner's risk thereafter, and if not taken within twenty-four hours after arrival it may be stored at the owner's risk. Responsibility: The responsibility of this company and each…