58 Ga. 393 | Ga. | 1877
Samuel Anderson sued the Central Railroad and Banking Company of Georgia, for the loss of certain potatoes shipped from Fort Yalley to Atlanta.
It appears from the record that the potatoes were first shipped from Fort Yalley to Macon, and then, without unloading, were shipped in the same freight car from Macon to Atlanta. The car, at Fort Yalley, was put on a sidetrack, and there loaded by the plaintiff, but the defendant’s agents held the key of the car, and plaintiff had to apply to the agent in the morning for the key to open the car, and then went on loading till night, when the agent took the key, and plaintiff had no other control of it. The potatoes were measured by the plaintiff or his agents, but the defendant’s agents took them at the measurement and receipted for them, receiving freight on them as so many pounds. On their arrival at Atlanta, they fell off in weight, and the car was found well filled two or three feet, except opposite the doors, where the potatoes were scattering.
There were two versions of the contract of carriage. The plaintiff contended, and tried to show by evidence, that the defendant was to be relieved only from loss by natural causes, such as shrinkage, etc., etc., while the defendant insisted and tried to show that it was, by contract, not to be responsible for any loss, but chartered the car to the plaintiff with the express understanding that it would merely transport the car, and be responsible for no loss of potatoes for whatever cause. The evidence was conflicting. The jury found for the plaintiff, after deducting for shrink
Judgment affirmed.