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Ruling Court Case. Sedgwick Vs. Cottingham

Sedgwick, who resided in Portlandville, Iowa, was engaged in the purchase and sale of grain. Cottingham was engaged in milling at Benton, Wisconsin. Sedgwick and Cottingham made an agreement whereby the former was to ship a car load of wheat to the latter, to be delivered at Council Hill, from whence it was to be hauled by Cottingham to his mill. In pursuance of the terms of the contract, the car of wheat was placed on siding at Council Hill, and Cottingham was notified by the railroad company of its arrival. A day and a half later, before Cottingham could get it unloaded, the car containing the wheat was washed from the side track by an unusual and extraordinary freshet and the wheat was lost. Sedgwick sues for the price of the wheat. Cottingham contends that the loss was not his.

Mr. Justice Seevers delivered the opinion of the Court: "When the car containing the wheat was placed on the siding at Council Hill, Sedgwick's duties in respect thereto were over. Title to the wheat then passed to Cottingham. Title having passed, the wheat was then at the risk of Cottingham, loss occurring he, as owner, must bear it." Judgment was given for Sedgwick.

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