146 Ga. 769 | Ga. | 1917
The question for decision relates only to the dismissal of the original petition, and the correctness of the ruling depends upon a proper construction and application of the Car-mack amendment to the act of Congress relating to interstate commerce. The case, having originated before the passage of the act of March 4, 1915 (Federal Statutes Annotated, Supp. 1916, p. 124), known as the Cummins amendment, is unaffected by the provisions of that act. It was declared in the Carmack amendment, “That any common carrier, railroad, or transportation company receiving property for transportation from a point in one State to a point in another State shall issue a receipt or bill of lading therefor, and shall be liable to the lawful holder thereof for any loss, damage, or injury to such property caused by it or by any common carrier, railroad, or transportation company to which such property may be delivered, or over whose line or lines such property may pass; and no contract, receipt, rule, or regulation shall exempt such common carrier, railroad, or transportation company, from the liability hereby imposed: Provided, that nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under existing law.” Interstate Commerce Act, § 20 a. In terms this en
“Prior to that amendment the rule of carrier’s liability, for an interstate shipment of property, as enforced in both Federal and State courts, was either that of the general common law as declared by this court and enforced in the Federal courts throughout the United States, Hart v. Pennsylvania Railroad, 112 U. S. 331 [5
“That the legislation supersedes all the regulations and policies of a particular State upon the same subject results from its general character. It embraces the 'subject of the liability of the carrier under a bill of lading which he must issue, and limits his power to exempt himself by rule, regulation, or contract. Almost every detail of the subject is covered so completely that there can be no rational doubt but that Congress intended to take possession of the subject and supersede all State regulation with reference to it. Only the silence of Congress authorized the exercise of
“To hold that the liability therein declared may be increased or diminished by local regulation or local views of public policy will either make the provision less than supreme or indicate that Congress has.not shown a purpose to take possession of the subject. The first would be unthinkable, and" the latter would be to revert to the uncertainties and diversities of rulings which led to the amendment. The duty to issue a bill of lading and the liability thereby assumed are covered in full; and though there is no reference to the effect upon State regulation, it is evident that Congress intended to adopt a uniform rule and relieve such contracts from the diverse regulation to which they had been theretofore subject.
“What is the liability imposed upon the carrier? It is a liability to any holder of the bill of lading which the primary carrier is required to issue, ‘for any loss, damage, or injury to such property caused by it/ or by any connecting carrier to whom the goods are delivered. The suggestion that an absolute liability exists for every loss, damage, or injury, from any and every cause, would be to make such a carrier an absolute insurer and liable for unavoidable loss or damage though due to uncontrollable forces. That this was the intent of Congress is not conceivable. To give such emphasis to the words, ‘any loss or damage/ would be to ignore the qualifying words, ‘caused by it.’ The liability thus imposed is limited to ‘any loss, injury, or damage caused by it or a succeeding carrier to whom the property may be delivered/ and plainly implies a liability for some default in its common-law duty as a common carrier. ■
“But it has been argued that the non-exclusive character of this regulation is manifested by the proviso of the section, and that State legislation upon the same subject is not superseded, and that the holder of any such bill of lading may resort to any right of
“To construe this proviso as preserving to the holder of any such bill of lading any right or remedy which he may have had under existing Federal law at the time of his action, gives to it a more rational interpretation than one which would preserve rights and remedies under existing State laws; for the latter view would cause the proviso to destroy the act itself. One illustration would be a right to a remedy against a succeeding carrier, in preference to proceeding against the primary carrier, for a loss or damage incurred upon the line of the former. The liability of such succeeding carrier in the route would be that imposed by this statute, and for which the first carrier might have been made liable.33 .
The foregoing, interprets the provisions of the act hereinabove' quoted in its entirety and construes the proviso as referring to only such rights or remedies as might exist in .favor of the holder of the bill of lading under the existing Federal law at the time of the action, thereby excluding or superseding any right of action in favor of the holder of the bill of lading that might exist under the State statute. Under this ruling the holder of the bill of lading would, in virtue of the Carmack amendment, be authorized to sue
The case of Southern Ry. Co. v. Prescott, 240 U. S. 632 (36