Adams Express Co. v. Byers

• Court: Indiana Supreme Court
• Writing for the Court: MORRIS
• Citation: Adams Express Co. v. Byers, 177 Ind. 33, 95 N. E. 513 (Ind. 1911)
• Decision Date: 21 June 1911
• Docket Number: No. 21,881.,21,881.
• Parties: ADAMS EXPRESS CO. v. BYERS et al.

177 Ind. 33

95 N.E. 513

ADAMS EXPRESS CO.

v.BYERS et al.

No. 21,881.¹

Supreme Court of Indiana.

June 21, 1911.

Appeal from Circuit Court, Boone County; S. R. Artman, Judge.

Action by Carl S. Byers and others against the Adams Express Company and another. Judgment for plaintiffs against the Adams Express Company alone, and it appeals. Transferred from Appellate Court under section 1405, Burns' Ann. St. 1908 (Acts 1901, p. 590). Affirmed.

Pickens, Moores, Davidson & Pickens, for appellant. Ira M. Sharp, for appellees.

MORRIS, J.

Byers, appellee, sued appellant and appellee American Express Company, to recover the value of seven chickens which died while being carried by the express companies from Hazelrigg, Ind., to Tri-Centennial Exposition at Jamestown, Va., in 1907.

There was a trial by the court, special findings of fact, and conclusions of law thereon, and judgment for Byers for $1,000 against the Adams Express Company, and for the American Express Company against Byers for costs. From this judgment, the Adams Express Company appeals.

The uncontroverted facts are that Byers was a breeder and shipper of fancy poultry, with his poultry yards located near Hazelrigg, a station on the Cleveland, Cincinnati, Chicago & St. Louis Railway, in Boone County, and for years had made numerous shipments by express from the station. Appellee American Express Company is a common carrier of freight by express, and conducts its business, both state and interstate, principally upon the system of railway lines commonly known as the New York Central and Big Four. On and prior to October 19, 1907, it had an office and agent at Hazelrigg. The Adams Express Company is and has been for years a common carrier of freight by express, and conducts its business, state and interstate, principally upon the lines of railroad owned by the Pennsylvania Company. On and prior to October 19, 1907, the Adams Express Company had the exclusive express privileges at the exposition grounds of the Jamestown Exposition, at Norfolk, Va.

As a part of the attractions at the exposition, there was a poultry exhibit planned to open on October 22d. On October 19, 1907, Byers delivered to the American Express Company, at Hazelrigg, a crate of poultry, consisting of nine black Orphington chickens and three ducks. He instructed the express company's agent at Hazelrigg to ship the poultry to Indianapolis, Ind., and there transfer it to the Adams Express Company, to be by it carried and delivered to the superintendent of the poultry department of the exposition at Norfolk, where Byers intended to exhibit the poultry. The poultry department of the exposition had prepared special cards to be attached to crates of poultry destined for exhibition at the exposition. Byers filled out one of these cards, by which it was directed that the poultry be shipped by the American Express Company to Indianapolis and there transferred to the Adams Company for shipment to the exposition. On the crate, in bold letters, Byers, before shipment, had written: “Very valuable. Handle with care.” The two express companies had joint rates for shipments from Hazelrigg to Norfolk. The American agent at Hazelrigg, when the crate was tendered for shipment, figured the rate from Hazelrigg to Norfolk, Va., and announced to Byers that it was $12.60. Byers thereupon paid the agent the above amount. This rate was in fact a merchandise rate, and was only intended by the companies to apply to poultry when the value thereof was $5 per head or less. The established rate of the Adams Company, from Indianapolis to Norfolk, for poultry valued at $1,000 was $103.50 and for poultry valued at $60 was $9.50.

The experience of the agent of the American Company at Hazelrigg had been somewhat limited. When Byers delivered the crate of poultry to him, he made no inquiry as to the value of the poultry, although in the conversation Byers did say to him that this was the most valuable shipment he had ever made. No express agreement, written or oral, was made in regard to the value of the shipment or the liabilities of the companies. Byers was not furnished any bill of lading, nor given any receipt for the poultry. The agent at Hazelrigg prepared and forwarded with the poultry a waybill, upon which he designated the value of the poultry at $60, but he did not inform Byers of this fact, nor did Byers ever see the waybill, or have any knowledge that the valuation of $60 had been placed thereon.

The agent of the American Company at Hazelrigg made the following entry in the out-book of the company regarding this shipment:

+---------------------------------------------------------------------+
                ¦1 Coop  ¦From       ¦To                              ¦Weight¦Ch'g's. ¦
                +--------+-----------+--------------------------------+------+--------¦
                ¦12 Fowls¦C.S. Byers.¦John A. Murkin, Jr. Norfolk, Va.¦#180  ¦$12.60  ¦
                +--------+-----------+--------------------------------+------+--------¦
                ¦        ¦           ¦                                ¦      ¦Prepaid.¦

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