Colfax Mountain Fruit Co. v. Southern Pacific Co.

This is an action to recover damages. The ease was tried upon an agreed statement of facts, and judgment went for plaintiff. This appeal is prosecuted from such judgment.

The important question presented here for consideration is: Does the judgment follpw the findings of fact? And the determination of that question is dependent upon the construction to be given a certain contract entered into between the parties to the action. This contract was in the form of a shipping order, made out by plaintiff, and the parts thereof material for our consideration are as follows:

This printed contract, at the time of being signed and delivered by plaintiff to defendant, had indorsed upon the back thereof, among other printed conditions, the following: “That the company agrees to forward the property to the place of destination named; but its responsibility as a common carrier is to cease at the station where the freight leaves this road, when the property is to be delivered to connecting roads or carriers.” It seems that the characters “U. P. 32,009” meant Union Pacific Car No. 32,009.

Defendant transported the car in question by passenger train over its road to Ogden, and there delivered…