72 Ga. 655 | Ga. | 1884
The plaintiff in error brought his action of trover against
The jury, under these instructions^ found for the defendant ; whereupon plaintiff moved the court for a new trial, alleging as error the charges aforesaid. The court refused’
1, 2, 3, 4. A carrier who receives goods to be carried overt his own lines, and over successive lines of transportation | connected with it, to be delivered at some distant point, acts ,1 as the forwarding agent of the owner in giving instructions II as to the transportation of the goods; and in case of a mis-// take by the first carrier in directing the goods, the las¶ carrier will have a lien upon the goods for the freigh / earned by it, unless the owner gave notice cf the route and the lines of road over which his goods were to be trans ported. 6 Allen, 246. If the plaintiff’s goods were to bo shipped over the Richmond and Danville Railroad from Atlanta to Athens by the direction of the plaintiff, and if such direction was known to the defendant when it received the goods at Atlanta, the transportation of the goods, under these circumstances, by defendant to Athens would be voluntary, and for which it would have no right to charge freight for their transportation, and would have no lien on the goods for such freight charges, and consequently could not retain the goods in its possession for such charges. A demand by the plaintiff and refusal by defendant to deliver the goods would be a conversion for which trover would lie, and the county where such demand and refusal occurred would be the proper avenue of the action!
The main question in this case is, did the defendant know, when it received the plaintiff’s goods from the Western and Atlantic Railroad, that the same were to be transported over the Richmond and Danville Railroad, or were the facts sufficient to charge the defendant with such knowledge ? If so, then the defendant would have no right to demand pay for such transportation. The question whether defendant had such knowledge was a question for the determination of a jury, under the facts, and it would be proper for them to take into consideration the' marks on the several packages of goods ; did these marks indicate that the goods were to go by way of the Richmond
This question has not been fairly submitted for the consideration of the jury in the several charges of the court complained of.
Cases cited by plaintiff in error : Code, §719 (q); 68 Ga., 623 ; 26 Id., 619 ; 14 Id., 283 ; 48 Id., 85 ; Code, §2077; 25 Ga., 707 ; Hutch. on Carriers, §§447, 491, 468, 443, 310 ; Lawson on Carriers, §11 ; 8 Gray, 262 ; 9 Id., 231; 5 Cushing, 137 ; 1 Doug., 1.
For defendant in error: Hutch. on Car., 478 ; 6 Allen, 246 ; 105 Mass., 267 ; 8 Gray, 262, 266 ; 100 Mass., 515, 262 ; Sedgewick on Damages, 97.
Let the judgment refusing the new trial be reversed.