Adams Express Co. v. Byers
| Decision Date | 21 June 1911 |
| Docket Number | 21,881 |
| Citation | 95 N.E. 513,177 Ind. 33 |
| Parties | Adams Express Company v. Byers et al |
| Court | Indiana Supreme Court |
Rehearing Denied January 12, 1912.
From Boone Circuit Court: Samuel R. Artman, Judge.
Action by Carl S. Byers against the Adams Express Company and another. From a judgment for plaintiff, the defendant Adams Express Company appeals. (Transferred from Appellate Court under § 1405 Burns 1908, Acts 1909 p. 590.)
Affirmed.
Pickens Moores, Davidson & Pickens, for appellant.
Ira M Sharp, and Terhune & Adney, for appellees.
Appellee Byers sued appellant and appellee American Express Company to recover the value of seven chickens that died while being carried by the express companies from Hazelrigg, Indiana, to the Tri-Centennial Exposition at Jamestown, Virginia, 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. His poultry yards were located near Hazelrigg, a station on the Cleveland, Cincinnati, Chicago and St. Louis Railway, in Boone County, and for years he 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 on 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 an agent at Hazelrigg.
The Adams Express Company is, and for years has been a common carrier of freight by express, and conducts its business, state and interstate, principally on 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, Virginia. As a part of the attractions at the exposition, there was a poultry exhibit planned to open on October 22. On October 19, 1907, Byers delivered to the American Express Company, at Hazelrigg, a crate of poultry, consisting of nine black Orpington chickens and three ducks. He instructed the express company's agent at Hazelrigg to ship the poultry to Indianapolis, Indiana, 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 Express Company for shipment to the exposition. On the crate, in bold letters, Byers, before shipment, had written The two express companies had joint rates for shipments from Hazelrigg to Norfolk. The agent of the American Express Company at Hazelrigg, when the crate was tendered for shipment, figured the rate from Hazelrigg, Indiana, to Norfolk, Virginia, and announced to Byers that it was $ 12.60. Byers thereupon paid the agent that 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 a head or less. The established rate of the Adams Express 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 verbal, was made in regard to the value of the shipment, or the liabilities of the companies. Byers was not furnished with any bill of lading, nor given any receipt for the poultry. The agent at Hazelrigg prepared and forwarded with the poultry a waybill, on 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 regarding this shipment, in the outbook of the company:
At the time, the agent believed that he was not required, either by law or by the rules of the company, to deliver any receipt or bill of lading to the shipper,...
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