Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-05-02
COURT DECISIONS.
DlGESTED BY W. B. MARTIN.
EXCLUSIVELY FOR
vIRcINiAN- PILOT.
Notes Of Gases Recently Decided,
Which are Of Interest 20
Our People.

N. Y. p. & N. R. r. V. CROMWELL.
Supreme Court Of Appeals Of Virginia.
March %. 1900
A RAILROAD COMPANY CANNOT
ESCAPE RESPONSIBILITY FOR A
FAILURE TO PROVIDE PROPER
REFRIGERATOR CARS FOR
FRUIT BY ALLEGING THAT
THEY BELONGED TO ANOTHER
COMPANY.
This was an action for damages to
strawberries carried by the defendant
railroad company for plaintiff from
Norfolk to Philadelphia. The fruit was
carried in cars belonging TO refrigera-
tor company. From judgment for
plaintiff the railroad company appeal
ed.
The court says:
The only question presented by the
record before us is as to the liability
of the plaintiff in error to the defend
ant in error. In other words would the
plaintiff in the court below have been
entitled to the judgment complained of
If the plaintiff in error had been sued
alone?
The California Fruit Transportation
Company is an Illinois corporation that
furnishes what is known as refrigera-
tor cars. These cars are constructed
with ice tanks holding several tons OF
Ice and are specially used in the trans
pcrtation OF fruits vegetables and
other perishable articles. The plaintiff
In error. doubtless in order that it
might compete with other railroads
similarly equipped. employed these re-
frige:ator cars for the ,use of shippers
of per!shable freight over it's line. The
strawberries in question were delivered
to and put in two OF these refrEera-
tor which tron
TO the road of the plaintiff in error,
where they formed n part of its train.
AS the Strawberries were delivered to
the refrigerator cars the receipt of that
company would be given for the num-
Der of crates delivered, each recent
showing ON its face that the consign-
ment was subject to the conditions of
the railroad company's bill of lading
There was no bin Of iading except that
given by the PLAINTIFF in error, and all
the freight charges. in Guiding the ex-
ira charge for the use of the refrEera-
tor cars. were paid to the plaintiff in
error. 1t was necessary that these
cars should be properly refrigerated
and kept in that condition until the
fruit reached its destination. and It
clearly appears that the damage sus-
tanned by the defendant in error re-
suited from failure to perform that
duty.
The employment Of n common carrier,
whether 1t be to carry passengers or
height. Is public employment. and
Inc duty he owes as such Is public
duty calling for the exercise of a high
degree OF care which should not be
lightly or negligently performed.
Inc California Fruit Transportation
company for consideration furnished
It's cars for the plaintiff in error Those
cars were agencies or means employed
by the plaintiff in error for CARRYING
on It's business and performing it's duty
to the public as common carrier, one
OF which was to provide suitable cars
for the safe and expeditions carriage
and preservation of the freight 1t UNI
dertook to carry. 4 railway company
cannot escape responsibility for its fail
ure to provide cars reasonably lit for
the conveyance of the particular class
OF goods 1t undertakes to carry. by al
lcging that the cars used for the pur-
poses OF It's own transit were the prop
erty OF another The understanding of
the plaintiff In error was TO properly
care for and safely carry The fruit of
the defendant In error, and ii is imma-
terial that the cars in which they were
carried were owned by the California
Fruit Transportation Company or that
such company undertook to ice said
cars OF to pay for the ice. AS between
the plaintiff In error and the defendant
In error the Cnlifrnia Fruit Transport
tation Company and it's employees were
the agents of the plaintiff in error. so
far as the defendant I'm error was con-
cerned the plaintiff in error was under
the same obligations to care for the
fruit that 1t would have been had the
refrigerator cars belonged to it.
For these reasons the judgment is af-
frmed.
RICHARDSON " w. &c w. r. co.
Supreme Court Of North Carolina.
r March 6. 1900.