The Grand Trunk Railway Company is egaged as a common carrier in the transportation of persons and property. This action seeks to recover damages for a violation of its duty in respect to certain merchandise shipped from Liverpool to St. Louis, and carried over its road from Montreal to Detroit. The goods reached the city of Detroit on the 17th of October, 1865, and on the night of the 18th of the same month were destroyed by fire.
The defendant claims to have made a complete delivery of the goods to the Michigan Central Railroad Company, a succeeding carrier, and thus to have discharged itself from liability before the occurrence of the fire.
If the liability of the succeeding carrier had attached, the liability of the defendant was discharged. Ransom v. Holland, 59 N. Y. 611; O'Neil v. N. Y. Central Railroad Co., 60 id. 138.
The uestion, therefore, is, Had the duty of the succeeding carrier commenced when the goods were burned?
The liability of a carrier commences when the goods are delivered to him or his authorized agent for transportation, and are accepted. Rogers v. Wheeler, 52 N. Y. 262; Grosvenor v. N. Y. Central Railroad Co., 59 id. 34.
If a common carrier agrees that property intended for transportation by him may be deposited at a particular place without express notice to him, such deposit amounts to notice, and is a delivery. Merriam v. Hartford Railroad Co., 24 Conn. 354; Converse v. N. & N. Y. Tr. Co., 33 id. 166.
The liability of the carrier is fixed by accepting the property to be transported, and the acceptance is complete whenever the property thus comes into his possession with his assent. Illinois Railroad Co. v. Smyser, 38 Ill. 354.
If the deposit of the goods is a mere accessory to the carriage, that is, if they are deposited for the purpose of being carried without further orders, the responsibility of the carrier begins from the time they are received; but, when they are subject to the further order of the owner, the case is otherwise. Ladere v. Griffith, 25 N. Y. 364; Blossom v. Griffin, 13 id. 569; Wade v. Wheeler, 47 id. 658; Michigan Railroad v. Schurlz, 7 Mich. 515.
The same proposition is stated in a different from when it is said that the liability of a carrier is discharged by a delivery of the goods. If he is an intermediate carrier, this duty is performed by a delivery to the succeeding carrier for further transportation, and an acceptance by him. Auth. supra.