Colbath v. Bangor & A. R. Co.

• Decision Date: 28 May 1909
• Citation: 74 A. 918,105 Me. 379
• Parties: COLBATH et al. v. BANGOR & A. R. CO.
• Court: Maine Supreme Court

74 A. 918

105 Me. 379

COLBATH et al.

v. BANGOR & A. R. CO.

Supreme Judicial Court of Maine.

May 28, 1909.

(Official.)

Report from Supreme Judicial Court, Aroostook County.

Action by George M. Colbath and Thomas M. Hoyt against the Bangor & Aroostook Railroad Company for injuries to goods shipped. Case reported. Judgment for plaintiffs.

At the conclusion of the evidence, and by agreement of the parties, the case was reported to the law court, with the stipulation that that court should "have full power to determine all questions of fact involved in the case, and to determine the amount of the plaintiffs' damages, should the plaintiffs be entitled thereto."

The facts as found by the court and stated by Mr. Justice BIRD, who drew the opinion, are as follows:

"The plaintiffs bring this action to recover damages from defendant for injuries to 20 crates of asbestos roofing, in all 120 squares or sheets, carried by defendant, as a common carrier, from Oldtown to Easton, their place of destination. The roofing consisted of sheets of asbestos, with a layer of asphalt between, subjected, when hot, to the action of rolls. The sheets thus produced were about 8 feet long by about 30 inches wide, and about one-eighth of an inch thick. The crates in which the roofing was packed had solid ends and sides, but the tops and bottoms were formed of slats of about 5 inches in width. All the crates were plainly marked 'Lay flat' on either side and also on each end. The value of the goods at invoice price was $339.00.

"Thus crated, and in good order, the roofing was delivered July (i. 1904, at New York by the manufacturers to the Maine Steamship Company, to be forwarded, via defendant's railroad, to plaintiffs at Easton, Me. The steamship company, upon delivery to it, gave to the consignor a bill of lading or shipping receipt of substantially the ordinary form; the weight being given as 7,000 pounds. Subsequently a car containing 15 of the crates was delivered upon the premises of the consignees at Easton. The car was promptly opened, and the crates found to be standing on their sides or edges, not laid flat as directed, and the sheets of roofing to have sagged from 2 to 5 inches from the upper sides of the crates, and to be badly bulged and wrinkled. The remaining 5 crates arrived at the same time, or shortly after, and were found to be similarly loaded and damaged. The plaintiffs refused acceptance, and defendant later sold the roofing under the statute, and October 21, 1904, paid to the plaintiffs $76.35, being the proceeds of the sale, less freight and advances.

"On the part of defendant the undisputed evidence was to the effect that on the 9th day of July, 1904, the Maine Steamship Company delivered the 20 crates of roofing to the Maine Central Railroad at Portland, to be forwarded and delivered to defendant carrier. Upon the evening of July 11, 1904, between 8 and 9 o'clock, defendant received at Oldtown from the Maine Central Railroad Company, M. C. R. R. car No. 1158 and B. & A. car No. 7430, each fully sealed with Maine Central Railroad Company seals of its Portland station. These seals were intact, and indicated that the cars had come through from Portland to Oldtown unopened. These cars left Oldtown the same evening between 9 and 10 o'clock, and were hauled by defendant to Houlton, where they arrived on the morning of the following day, July 12th; the seals remaining unbroken. At Houlton both cars were opened by the servants of defendant, and each crate was found to be standing on edge. The B. & A. car, No. 7430 was resealed with defendant's seals without change in the position of the 15 crates and the 5 crates were transferred from car No. 1158, in which they arrived at Houlton, to B. & A. car No. 7075; the crates being again loaded on edge. The same day these cars were carried onward by defendant, and reached Easton between 5 and 6 o'clock on the evening of that day. Car No. 7430 containing the 15 crates was opened at Ft. Fairfield Junction, a short distance from Easton, and two pieces of granite placed in the car.

"After the roofing was refused by plaintiffs, the 15 crates remained on edge for several days, when they were laid flat, and there is evidence tending to show that the 5 crates, after some delay, were also laid flat."

Argued before EMERY, C. J., and WHITEHOUSE, SAVAGE, SPEAR, CORNISH, and BIRD, JJ.

Anthoine & Talbot and Madigan & Madlgan, for plaintiffs. F. H. Appleton, Hugh R. Chaplin, Louis C. Stearns, and Powers & Archibald, for defendant.

BIRD, J. In consequence of the rule prevailing in most of the courts of the United States that, in the absence of partnership or other contract between connecting lines or special contract with shipper or consignee, each of a succession of connecting common carriers is relieved of further obligation by safe carriage over its own line and prompt delivery to the succeeding carrier (Perkins v. P. S. & P. R, R. Co., 47 Me. 573, 589, 74 Am. Dec....