Thomas v. Atl. Coast Line R.Co
| Decision Date | 25 April 1910 |
| Parties | THOMAS v. ATLANTIC COAST LINE R.CO. |
| Court | South Carolina Supreme Court |
Carriers (§ 76*)—Shipment of Goods—Action by Consignee.
One who was required by a carrier to pay freight on goods represented in the bill of lading to be of a specified quality, and who was responsible for the goods, was properly considered as consignee for value or as one who had incur red liability as consignee, authorizing him to sue for any shortage.
[Ed. Note.—For other cases, see Carriers, Cent. Dig. §§ 261, 266, 269; Dec. Dig. § 76.*]
On petition for rehearing. Dismissed. For former opinion, see 64 S. E. 220.
After careful consideration the court fails to discover that any material matter of law or fact has been overlooked or disregarded.
The case, at folio 8, shows that the plaintiff was required by defendant to pay freight on the number of sacks of meal represented in the bill of lading without qualification to be 600, and, at folio 11, it appears that plaintiff was responsible for the meal. Hence the court was authorized to consider plaintiff as a consignee for value, or as one who had incurred loss and liability as consignee.
It is therefore ordered that the petition herein be dismissed, and the order heretofore granted staying remittitur be revoked.
*. For other cases see same topic and section NUMBER in Dec. & Am. Digs. 1907 to date, & Reporter Indexes
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