St. Louis, I. M. & S. Ry. Co. v. Gibson

• Decision Date: 24 March 1900
• Citation: 56 S.W. 268
• Parties: ST. LOUIS, I. M. & S. RY. CO. v. GIBSON et al.
• Court: Arkansas Supreme Court

56 S.W. 268

ST. LOUIS, I. M. & S. RY. CO. v. GIBSON et al.

Supreme Court of Arkansas.

March 24, 1900.

Appeal from circuit court, Hempstead county; Rufus D. Hearn, Judge.

Action by Arthur A. Gibson and another against the St. Louis, Iron Mountain & Southern Railway Company. Judgment for plaintiffs. Defendant appeals. Reversed.

The plaintiffs, Arthur A. and John S. Gibson, are merchants and dealers in drugs, wines, and liquors at Hope, Ark. On the 14th day of September, 1895, they had four barrels of whisky shipped to them from Louisville, Ky. The whisky was consigned to A A. Gibson & Son, Hope, Ark., via Little Rock, but the bill of lading only stated the freight charges from Louisville to Little Rock, and guarantied the rate between those points to be $1.20 per barrel, weight of four barrels 1,600, subject to correction. The whisky arrived at Little Rock over the Little Rock & Memphis Railroad, and soon afterwards the agent of that line notified Gibson & Son, by letter, of that fact, stating that the charges to Little Rock were $6, and that the Iron Mountain road would not accept freight unless charges to Little Rock were prepaid. Gibson replied that the guarantied rate, as shown by the bill of lading, was $1.20 per barrel to Little Rock, and offered to remit at that rate. To this letter the agent of the Little Rock & Memphis Company replied, asking him to send the bill of lading, and saying he would endeavor to adjust the same. Gibson did not do this, but carried the bill of lading to the local agent of the defendant company at Hope, told him of the shipment, that the goods were at Little Rock, and tendered him $12.64, that being at the rate guarantied from Louisville to Little Rock on 1,600 pounds, with the addition of the local rate of the defendant company from Little Rock to Hope. The agent declined to accept it, but said that he would telegraph the agent of his company at Little Rock. Gibson did not at this time inform the local agent at Hope that the Memphis & Little Rock Company had demanded a higher freight charge than specified in the bill of lading, and the agent at Hope did not know of the controversy on that point. So, without referring to that controversy, of which he was ignorant, he telegraphed to the agent of his company as follows: "A. A. Gibson & Son have 4 bbls. whisky in L. R. & M. frt. depot. They make tender of the freight charges here. Please wire amount of prepay, and will collect it here. The agent of the L. R. & M. road writes me that you request prepayment. Please answer quick." On the receipt of this telegram from the agent at Hope, the agent at Little Rock, without replying, accepted the shipment from the Little Rock & Memphis Railroad, and paid the $6 charges demanded by that company, and forwarded the whisky, without knowing that the $6 was more than the bill of lading specified. When the whisky arrived at Hope, the agent then saw from the way bill that the back charges exceeded those named in the bill of lading, and this was the first information he or any agent of defendant had of that fact. After the whisky arrived. Gibson was informed that the goods weighed 1,770 instead of 1,600; that the back charges paid were greater than those named in the bill of lading; and that the total charges due were $14.68. He refused to pay, but tendered $13.50, that being according to the rate named in the bill of lading, with weights corrected, and with local rate from Little Rock to Hope added. The company at first refused to accept, but, after holding same for...