A railroad which, under the circumstances of this case, is transporting a car in which an express shipment is in the physical custody of employees of an express company, is not only a carrier, but it is a "carrier handling" said shipment, as defined in clause 1 of the receipt. In holding that Soo handled the shipment in question our reasoning is similar to that of the court in Aetna Ins. Co. v. Railway Express Agency, 80 Ohio App. 30, 74 N.E.2d 425, at page 427, where that court said: "Both shipper and consignee knew that a shipment by express requires that the car into which the shipment is placed must be transported from the point of shipment to the point of delivery over the rails of some railroad, that the car in which the shipment is placed will become part of a train which will be drawn by a locomotive over the rails of a railroad, and that engineers, firemen, conductors, brakemen, switchmen, telegraph operators, and many other employees of the railroad will cooperate with the baggage and express men in seeing that such shipment arrives at its destination.
This must be especially true when the two words are in the same sentence. See also Doody v. National Masonic Accident Ass'n, 66 Neb. 493, 92 N.W. 613, 60 L.R.A. 424; State v. Pickett, 47 S.C. 101, 25 S.E. 46; Aetna Ins. Co. v. Railway Express Agency, 80 Ohio App. 30, 74 N.E.2d 425; International Harvester Co. v. National Surety Co., 7 Cir., 44 F.2d 746. The next phrase of the exclusion concerns "goods or products manufactured, sold, handled or distributed by the named insured."
Therefore, when defendant handled the shipment he did so as an employee and defendant was not himself "engaged in such transportation as aforesaid as common carriers for hire." 49 USCA, p. 57, sec. 1 (3). Aetna Ins. Co. v. Railway Express Agency (1947), 80 Ohio App. 30, 74 N.E.2d 425; and Northern Fur Co. v. Minneapolis, St. Paul S. S. M. Ry. (7th Cir. 1955), 224 F.2d 181, certiorari denied, relied on by the defendant, are distinguishable from the present case. They concern the liability of a principal (railroad) rather than its agent (Railway Express Agency) to third parties when required to transport goods at a lower rate based upon the declared value set forth in the Uniform Express Receipt.