Page:Federal Reporter, 1st Series, Volume 3.djvu/775

 768 FEDERAL REPORTER. �Stewart V. Terre Haute & I. E. Co. {Circuit Court, E. B. Missouri. October 1, 1880.) �1. CoMMON Caehibr — LiABiLiïy Bbtond Route. — In the absence of a �special contract the liability of a common carrier does not extend be- yond the terminus of his own route. �2. Samb — Same — Evidence. — Such contract is not established, however, �by proof that the carrier accepted the goods with knowledge of their destination, and named the through rate for the same. �Motion for Judgment. �G. S. Van Wagoner, for plaintiff. �E. W. Pattison, for defendant. �McCrary, C. J. In July, 1877, the plaintiflF shipped upon defendant's railroad 248 head of cattle, at East St. Louis, consigned to Eankin & Thompson, at Buffalo, New York. The defendant's line of railroad extends only as far east as Indian- apolis, Indiana, and the cattle would, in order to reach Buf- falo, pass over the defendant's line and that of several Con- necting lines. It 18 admitted that the cattle were transported with safety, and without unnecessary delay, over the defend- ant's road, and delivered to a Connecting railroad to be taken on towards their destination, but it is claimed by plaintiff that after the cargo passed beyond the defendant's road there was delay in the transportation, by which he is damaged and for which the defendant is liable; this, upon the ground that the defendant agreed to transport the cattle over the entire route to Buffalo. The plaintiff having closed his evidence in chief, the defendant moves for judgment, on the ground that the plaintiff's proof does not establish a contract to carry through to Buffalo, but only a contract to carry over its own line and deliver to the next carrier. �The facts proved by plaintiff, so far as they bear upon the question of the character of the contract, are as foUows: Plaintiff informed the agent of the defendant at East St. Louis that he desired to ship a lot of cattle to Buffalo, and inquired of sàid agent whether the defendant was shipping and would take the cattle for shipment. The agent replied that they ����