
    No. 1004.
    Levy & Dieter v. The Pontchartrain Railroad Company.
    If a railroad company undertakes tlie transportation of cotton, with the special exception of liability on account of loss by fire, and the cotton is destroyed by fire while on the route, and it be shown that the loss was not attributable to tho fault of tho company, then and in that case the owner can not recover the damages from the company which the loss of the cotton has caused him.
    APPEAL from the Fourth District Court, parish of Orleans.
    
      Tkéard, J. Bradford, Lea & Finney, for plaintiffs and appellants.
    
      W. H. JLant, for defendant and appellee.
   Ludeling, C. J.

The plaintiffs sue the defendant for the sum of $5250, and interest from eleventh November, 1865, the alleged value of thirty-five bales of cotton destroyed by fire while being transported by defendant from Lake Pontchartrain to New Orleans.

The bills of lading show that the parties expressly excepted the carriers from liability on account of loss by fire, and the evidence m the record proves that the loss was not attributable to the fault of the defendant. 7 An. 235, Oakey & Hawkins v. Gordon, and New Orleans Mutual Insurance Company v. Jackson Railroad Company, 20 An. 303.

It is therefore ordered that the judgment of the lower court be affirmed, with costs of appeal.  