Savannah v. Sloat

• Decision Date: 23 April 1894
• Citation: 93 Ga. 803,20 S.E. 219
• Court: Georgia Supreme Court
• Parties: SAVANNAH, F. & W. RY. CO. v. SLOAT et al.

20 S.E. 219

93 Ga. 803

SAVANNAH, F. & W. RY. CO.

v.SLOAT et al.

Supreme Court of Georgia.

April 23, 1894.

Carrier—Wrongful Delivery of Goods—Liability as for Conversion.

Loss of goods by a wrong delivery, made negligently by the carrier, is a conversion for which the carrier is liable to account at the full value of the goods, this mode of loss not being within the terms of the special contract fixing a conventional value upon the goods at the time of shipment in consideration of the rate of freight being reduced. Even granting that it was competent for the parties to make a contract which would have covered wrong delivery by negligence, they did not do so.

(Syllabus by the Court.)

Error from superior court, Lowndes county; A. H. Hansell, Judge.

Action by Sloat Bros, against the Savan-nan, Florida & Western Railway Company for nondelivery of goods shipped. Judgment was rendered for plaintiffs, and defendant brings error. Affirmed.

The following is the official report:

An action was brought by the consignees of a barrel of whisky which had been shipped from Baltimore, Md., to Valdosta, Ga., against the terminal carrier. The facts were agreed on, and the case submitted to the judge without a jury; the issue being whether the defendant could be held liable to the plaintiffs for more than $20 and the freight charges on the whisky, it having made a continuing tender of those two amounts. Judgment was rendered in favor of the plaintiffs for $100, which was the value of the whisky, and defendant excepted. The shipper was a liquor house doing business in Baltimore, to whom, among others, the various transportation lines leading out of that city delivered blank bills of lading, which were filled in by the shippers in that city, according as they might desire to ship, under information furnished them by said transportation lines in book form, entitled "How to Ship." In this book of instructions is a classification of all articles usually' transported by the lines leading out of Baltimore, and the rate, in dollars and cents, to all principal points south, including Valdosta. In this book, whisky in wood was put, at the date of the shipment, in second class, when it was to be shipped without any limitation of the liability of the carrier, in third class when it was to be shipped "released, " and in class H when it was to be shipped under the following terms printed in the book: "Liquors * * * in wood, * * * value limited to 75c. per gallon, and so indorsed on bill of lading. In all cases where limitation of value is expressed in the classification, it must be written out or stamped in full upon the bills of lading, and shippers must be required to accept in writing the limitations expressed. Agents must respect this, and require acceptance by the shipper." The rate per 100 pounds was given at $1.19 on second class, $1.02 on third class, and 67 1/2 cents on class H. According to his custom, and from information derived from said book, the shipper filled in all the written part of the original bill of lading, except the signature of the agent of the initial carrier, and the figures "67&1-2, " which were written by said agent. The shipper also stamped on the bill of lading, "$20 per bbl. valuation, released, " which words entered into and became a part of the contract of affreightment between the shipper and the carrier, and were mutually understood by them to mean that in case of the total loss of the barrel of whisky the carrier should be liable only for $20. Upon shipping, the shipper drew on the consignees for the price of the whisky, and attached the draft to the bill of lading for collection. The draft was paid on presentation, and they then presented the bill of lading to the defendant, paid the freight, and demanded the whisky. It was not delivered to the consignees. It was received by defendant from its connection at Savannah, was started to Valdosta on one of its trains, and, by mistake of the conductor in charge of the train, was delivered at a flag station...