Grand Island Mercantile Company v. McMeans
| Decision Date | 20 June 1900 |
| Docket Number | 9,262 |
| Citation | 83 N.W. 172,60 Neb. 373 |
| Parties | GRAND ISLAND MERCANTILE COMPANY v. HOMER L. MCMEANS |
| Court | Nebraska Supreme Court |
ERROR to the district court for Hall county. Tried below before THOMPSON, J. Affirmed.
AFFIRMED.
W. H Thompson, for plaintiff in error.
J. H Woolley and Charles G. Ryan, contra.
Homer L. McMeans was the ticket and freight agent of the Union Pacific Railroad Company at Grand Island. A car load of sugar was received at said point over said railroad from San Francisco consigned by the shipper, with notice to deliver the sugar to the Grand Island Mercantile Company. The freight rate thereon from the initial point of shipment to Omaha was $ 202, which sum was paid by the consignor. For some reason not to us apparent the rate from San Francisco to Grand Island was $ 307.04, or $ 105.04 more than the Omaha rate for hauling the car a considerably shorter distance. McMeans, without the remainder of the freight having been paid, in violation of the rules of his company, delivered the car of sugar to the defendant, and the former was compelled to, and did, pay the remainder of the freight to the railroad company. He instituted this action to recover the amount so paid from the Grand Island Mercantile Company, and was successful in the court below.
The first contention is that there is an entire failure of any proof tending to show an oral request of the defendant to pay the freight charges, or a promise of the defendant to reimburse McMeans for the amount of freight advanced. The evidence is to the effect that on the arrival of the sugar at Grand Island the car was not set on the switch for unloading because of the unpaid freight, and Mr. Peterson, the president of the defendant, was so notified, who told plaintiff to have the car placed upon the switch and his company would pay the freight charges. In compliance with this, McMeans caused the car to be set on the switch, and the defendant accepted and received the consignment of sugar. Plaintiff having violated the rules and regulations of the railroad company in delivering the freight before the charges had been paid, became liable therefor to his employer, and he having paid the freight charges to the railroad company, the defendant became liable to him for the amount so paid. Whether the railroad company was entitled to a larger sum for hauling the car from San Francisco to Grand Island than was the rate thereon from the initial point of shipment to Omaha is not a material question at this time, since the defendant obtained the car on the agreement to pay the charges. Plaintiff having been compelled to pay them himself, the law raised the promise on the part of the defendant to reimburse him therefor. It follows that the trial court committed no error by the exclusion of certain exhibits offered by the defendant, and that the evidence sustains the verdict. We have examined the other rulings on the introduction of evidence and find no prejudicial error therein.
Exception is...
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