Jolly

This is an appeal from the final judgment in favor of the respondent and from an order denying appellant’s motion for a new trial.

The action was brought to recover damages accruing because of injury by fire to certain goods while said goods were yet in a freight car belonging to appellant. The plaintiff is the assignee of certain insurance companies that li quidated the claim for damages made by the George H. Tay Company, the consignee of the goods. This merchandise came into the possession of the appellant as a common carrier at Denver, Colorado, having been shipped to that point from Trenton, New Jersey, over the Pennsylvania Railroad, which latter railroad issued a bill of lading, signed by its agent, but not signed by the shipper or consignee or any ■person in their behalf. The goods arrived in San Francisco on the morning of August 8, 1908, and the consignee was notified that the car would be set on the siding next to its warehouse in the due course of business. The car was actually placed on the siding without notice to the consignee some time after 5 o’clock and after office hours on the afternoon of the date above named. Notwithstanding it was the custom of the switching…