192 THE SALE OF TIMBER PRODUCTS 



regarding his business assets, was delivered by the railroad 

 to a third party upon an order from the consignee, the ship- 

 per was allowed to replevin the lumber without tendering the 

 amount of freight paid by the consignee's vendee who had 

 knowledge of the fraud. 1 



136. Rights and Liabilities of Common Carriers in 

 Particular Cases. When timber products can be shipped 

 over two or more routes for the same rate, the receiving rail- 

 road company and not the shipper may determine which 

 connecting line shall be used. 2 Delivery of lumber upon 

 its own pier by a railroad is not delivery to a steamship com- 

 pany such as to relieve the railroad from risk as to lumber. 3 

 A contract by an agent of a railroad to ship lumber for a cer- 

 tain rate from a point in the United States to one in Canada 

 was held to include custom duties and to be within the ap- 

 parent scope of the agent's authority, 4 and the measure of 

 damages for the failure of a railroad to furnish cars as agreed 

 for shipment of lumber was held to be the difference between 

 the cost of obtaining cars and the contract price. 5 It has 

 been held that a log driving corporation is a common carrier 

 to the extent that the statutory right of a vendor to stop 

 logs in transitu as a protection against an insolvent vendee 

 applies to the transportation of logs by such a company. 6 

 A provision in a towing contract that the owner of logs 

 might terminate the contract at any time that the services 

 of the tug-man were unsatisfactory was held to authorize 

 a rescission of the contract before any services were per- 

 formed where the tug-man could not be found when the own- 

 er was ready for towing and the company honestly believed 

 from this fact that the tug-man was unreliable 7 A water 

 transportation company on the Great Lakes was relieved 

 from liability for the loss of logs without fault on its part 

 during a storm on the ground that the title to the lumber 



1. Soper Lbr. Co. v. Halsted & Hannount Co. (Conn.) 48 Atl. 425. 



2. Post v. Southern Ry. Co.. (Tenn.) 52 S. W. 301. 



3. Lewis v. Chesapeake & Ohio Ry. Co. (W. Va.) 35 S. E. 908. 



4. Waldron v. Canadian Pacific Ry. Co. (Wash.) 60 Pac. 653. 



5. Baxley v. Tallahassee & Montgomery R. Co. (Ala.) 29 So. 451. 



6. Johnson v. Eveleth (Me.) 45 Atl. 35. But see Mann v. White River Log Etc. Cc. 



46 Mich. 38, 8 N. W. 550, 41 Am. St. Rep. 141; Chesley v. Miss. Etc. Boom. 

 Co., 39 Minn. 83, 38 N. W. 769. 



7. Magee v. Scott & Holston Lbr. Co. (Minn.) 80 N. W. 781. 



