This is an action for breach of two alleged contracts of the Michigan Central Railroad Company with the plaintiff, Paris Myrick, each to carry for him 202 head of cattle from Chicago to Philadelphia, and there deliver them to his order. It arises out of these facts:
Myrick was in 1877 engaged, at Chicago, in the business of buying cattle, sometimes on his own account and sometimes for others, and forwarding them by railway to Philadelphia. The company is a corporation created by the state of Michigan, and its line extends from Chicago to Detroit, where it connects with the Great Western Railroad, which, by its connections, leads to Philadelphia. In November, 1877, Myrick purchased two lots of cattle, each consisting of 202 head, and shipped them over the road of the company. One of the purchases and shipments was made on the seventh and the other on the fourteenth of the month. It will suffice to give the particulars of the first of these transactions, as they were identical in all respects, except in the amount of the draft negotiated and the weight of the cattle. On the shipment of the cattle Myrick took from the company a receipt, as follows:
'MICHIGAN CENTRAL RAILROAD COMPANY,
'CHICAGO STATION, November 7, 1877.
'Received from Paris Myrick, in apparent good order, consigned order Paris Myrick, (notify J. and W. Blaker, Philadelphia, Pa.:)
Articles. Weight or
measure.
Two hundred and two (202) cattle... 240,000
'Advance charges, $12. Marked and described as above (contents and value otherwise unknown) for transportation by the Michigan Central Railroad Company to the warehouse at _.
'WM. GEAGAN, Agent.'
On the margin of the receipt was the following:
'This company will not hold itself responsible for the accuracy of these weights as between buyer and seller, the approximate weight having been ascertained by track-scales, which is sufficiently accurate for freighting purposes, but may not be strictly correct as between buyer and seller. This receipt can be exchanged for a through bill of lading.
'NOTICE.-See rules of transportation on the back hereof. Use separate receipts for each consignment.'
On the back of the receipt the rules were printed, one of which, the eleventh, was as follows:
'Goods or property consigned to any place off the company's line of road, or to any point or place beyond the termini, will be sent forward by a carrier or freightman, when there are such, in the usual manner, the company acting, for the purpose of delivery to such carrier, as the agent of the consignor or consignee, and not as carrier. The company will not be liable or responsible for any loss, damage, or injury to the property after the same shall have been sent from any warehouse or station of the company.'
On the day this receipt was obtained, Myrick drew and delivered to the Commercial National Bank, at Chicago, a draft, of which the following is a copy:
'$12,287.57. CHICAGO, November 7, 1877.
'Pay to the order of Geo. L. Otis, cashier, twelve thousand two hundred and eighty-seven 57-100 dollars, value received, and charge the same to account of
PARIS MYRICK.
To J. and W. Blaker, Newtown, Pa.