Bluthenthal v. Southern Ry. Co.

• Decision Date: 13 November 1898
• Citation: 84 F. 920
• Parties: BLUTHENTHAL et al. v. SOUTHERN RY. CO.
• Court: U.S. District Court — Northern District of Georgia

84 F. 920

BLUTHENTHAL et al. v. SOUTHERN RY. CO.

United States Circuit Court, N.D. Georgia.

November 13, 1898

This was a bill filed by Bluthenthal & Bickart, residents and citizens of the Northern district of Georgia, against the Southern Railway Company, a corporation of Virginia, and a resident and citizen of Virginia. Bluthenthal & Bickart were engaged in interstate commerce in the state of South Carolina and other states, and they were engaged several months prior to the filing of their bill in shipping goods consisting of whiskeys, brandies, wines, beer, and similar articles, in original packages, into South Carolina, and there selling the same through their agents. In view of the dispensary law of South Carolina, they were compelled to sell such goods in original packages in that state, and to ship the goods into the state in original packages. Beginning on or about August 1, 1897, they commenced making these shipments into South Carolina, and the Southern Railway Company received such shipments, and continued to receive them until on or about September 11, 1897. Such shipments were received by the company with a release of liability signed by Bluthenthal &amp Bickart. On September 11, 1897, Bluthenthal & Bickart were notified by the railway company that it would refuse to accept further shipments of original packages. On the day following, a shipment of original packages of liquors was tendered to the railway company, and by it refused, although freight charges were offered in advance, and Bluthenthal &amp Bickart agreed to sign any release which the railway company would require. The agent of the railway company exhibited to Bluthenthal & Bickart a circular issued by the company, which read as follows:

'Southern Railway Company. General Freight Department. Transportation of Interstate Commerce Shipments of Spirituous and Malt Liquors to Points Within the State of South Carolina. Notice to Shippers and Connecting Lines.

'Counsel having decided that spirituous and malt liquors in bottles when not packed in cases or casks, are not in proper shipping condition, and that the usual form of release will not relieve the company from liability in case of damage by wreckage, notice is hereby given that on and after September 16, 1897, shipments of spirituous and malt liquors in glass loose, not packed in cases, casks, or kegs, will not be accepted by this company for transportation.

'Issued September 9,...