Ringgold

By the Court,

Appeal from judgment of the court of First Instance for the district of San Francisco. The action was brought against the defendants as common carriers for not safely transporting certain goods of the plaintiff from the port of New York to the port of San Francisco. The complaint was in the ordinary form of a common law declaration in case against a common carrier, and the plea was the general issue. At the trial the plaintiff himself was sworn as a witness by the consent of the defendants, and testified that sometime in the year 1849 he consulted ITaven, one of the defendants, about the shipment of goods from New York to San Francisco ; who informed him that goods shipped at the former port would arrive at the latter, in about sixty days after their shipment, and, at the same time, gave him a card, whereon were printed the names *110 of Livingston & Wells. The plaintiff, thereupon, wrote to New York directing his agent to send the goods in controversy in this suit to San Francisco by Livingston & Wells, to whom Haven had referred him. The freight for the transportation was paid to the defendants, but whether before shipment or after arrival of the goods, does not…