St. Louis S. W. Ry. Co. of Texas v. Carden
| Decision Date | 19 February 1896 |
| Citation | 34 S.W. 145 |
| Parties | ST. LOUIS S. W. RY. CO. OF TEXAS v. CARDEN et al. |
| Court | Texas Court of Appeals |
Appeal from Coryell county court; T. C. Taylor, Judge.
Action by G. B. Carden & Co. against St. Louis Southwestern Railway Company of Texas for the statutory penalty for detaining the delivery of certain freight. Plaintiff had judgment, and defendant appeals. Reversed.
This suit was brought by appellee against appellant for statutory penalty for alleged detention and delay of delivery of freight, due as shown by bill of lading. Sayles' Civ. St. 4258a, § 3. Plaintiff below recovered judgment for the penalty, and defendant has appealed. The facts are as follows: The shipment was made from Chicago, Ill., to Gatesville, Tex., and the bill of lading was issued by the Chicago & Alton Railway Company, February 4, 1892, at Chicago. The freight rate from place of shipment to destination (Gatesville, Tex.), as stated in the bill of lading, is that it "shall not exceed 85 per 100 and charges advanced by this company." The bill of lading nowhere shows on its face what the figures "85" or "100" relate to. The weight of the freight is stated on the face of the instrument as follows: "The approximate weight is 23,920 lbs., the correct weight to be ascertained and charges collected thereon at point of delivery." The freight came over the Chicago & Alton Railway Company's road to East St. Louis, then over the St. Louis Bridge & Tunnel Railroad, and the defendant's road from St. Louis, Mo. The goods having arrived at Gatesville on defendant's road, Carden, the plaintiff, and owner of the goods, about February 17, 1892, went to the depot, and tendered the agent, Mr. Tillman, the amount of freight due as per the approximate weight as stated in the bill of lading, estimating the rate at 85 cents per 100 pounds, to wit, $203.30. The agent refused to receive the money or deliver the freight, stating that he would have to deliver the goods by the weights on his waybill, which called for 33,000 pounds. The tender was made in actual cash, and the agent refused it. Carden then proposed to leave the weight to the public weigher, and pay the charge at his weight. The agent refused the proposition. Finally, February 20th, the goods were delivered upon Carden paying for the actual weight, the sum of $215.80, estimating the rate at 85 cents per hundredweight. Carden did not tender the amount due as per actual weight of the freight at 85 cents per 100 pounds, at the time he made the proposition, but proposed to do so, and would have paid that amount if the agent had accepted his offer. The agent contended that he must have the amount of freight as shown by the waybill in his possession, at 85 cents...
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St. Louis, Iron Mountain & Southern Railway Co. v. Gibson
...E. Williams and Dodge & Johnson, for appellant. This being an interstate shipment, it is not governed by the state statute. 158 U.S. 98; 34 S.W. 145; 21 S.W. 554; 45 S.W. 43 S.W. 609; 46 S.W. 633; 74 F. 981; 58 F. 858; 41 F. 592. The statute, being penal, must be strictly construed. 6 Ark. ......
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