167 Ga. App. 170 | Ga. Ct. App. | 1983
This case revolves around the following question: What happened to Southern Railway Company’s hopper car (“SOU 8302”) between November 9, 1979, and December 4, 1979? Supposedly, according to the practice in the shipping of commodities this hopper car (“SOU 8302”) was loaded, along with two other similar cars
The other two cars (“SOU 7932” and “SOU 7944”) were inspected (United States Department of Agriculture) as shown on official grain inspection certificate dated November 11, 1979, as date of inspection, hopper car No. “SOU 7932” inspected by “[p]robe” for U. S. No. 2 yellow soybeans as to the top 10 feet, “Bottom not sampled” and a similar inspection certificate dated November 11, 1979, as date of inspection, showing hopper car No. “SOU 7944” inspected by “ [p]robe” for U. S. No. 4 yellow soybeans as to the top 10 feet, “Bottom not sampled.” Apparently they were weighed and unloaded as an official grain weight certificate, dated 11-19-79, reads “FGIS, Savannah, Georgia” showing “SOU 7932” with gross “278320” and tare “56600” or net weight of 221, 720 pounds. As to “SOU 7944” a total weight was shown for the commodity “Ysb” by Continental Grain Company as 220,790 pounds. However, on other documents dated “12-14-79” or “79 De 14 PM 11:33,” “SOU 7944” weighed gross, 274,880 (“Soy Beans”), and on “79 De 15 AM 4:36” tare 56, 740 or net 218, 140 (“Commodity Mty”). No definite information has been produced that Southern 8302 was ever inspected or probed or unloaded, but only its arrival and placement on “hold” for the buyer.
The bill of lading disclosed that the three cars were not weighed at their origin but their estimated total weight was 540,000 (or 180,000 each) and freight was eventually paid by the seller based upon the estimated weight, that is, changed to 220,000 per car (“SOU 7932” later shown at “221720” and “SOU 7944” at “220790”), that is, estimated, at least as to “SOU 8302.” An invoice or bill dated 11-19-79 was forwarded by the seller to Continental, the buyer, for partial or advance payment which bill had reference to 18 cars of
The seller, Farmers Gin & Storage Company, Inc., contends it loaded the car with soybeans, considered it to be full, sealed it with railway seals provided by the railroad and obtained the bill of lading for delivery, along with the other two railroad hopper cars, and same were shipped via Southern Railway and Savannah State Docks Railroad to the buyer at Georgia Ports Authority. The uncontroverted facts disclose that the railway cars were shipped (two definitely known to be full and later unloaded) and were received. However, the buyer, Continental, contends it did not unload “SOU 8302.” A yard check by the railroad (Savannah State Docks) dated 11-26-79 at 6 a.m. shows “SOU 8302” as type “H” (for hopper car), contents “S/Beans” and placement as “Tk #8,” along with 18 other cars, including cars of other railroads. Cars No. “SOU 7932” and “SOU 7944” were not among these cars. Again on “12-4-79” a “weight ticket,” reflecting the style “Savannah State Docks & Warehouses and/or Savannah State Docks Railroad Company, P. O. Box 2400, Savannah, Georgia,” shows “SOU ... 8302” with weight of “054940” pounds, with commodity “Soybeans” stricken through and marked “MTY.”
After much investigation the buyer refused to pay for the allegedly delivered soybeans, and both the buyer and seller jointly made claims upon the railroads for the loss of same. The railroads denied any liability, contending that if the soybeans were delivered in the hopper car the said hopper car was delivered to the buyer at the Georgia Ports Authority and unloaded by buyer, albeit there is no evidence that same, with contents, was ever inspected and weighed. We also find no information as to what happened to the seals, if same were properly sealed.
Whereupon, on February 20, 1981, Farmers Gin & Storage Company, Inc., as plaintiff, sued the buyer Continental Grain Company, as the third defendant and Southern Railway Company and Georgia Ports Authority d/b/a Savannah State Docks Railroad Company as the first and second defendants, jointly and severally, for the sum of $22,314 as the amount of damages for the loss of the railroad car load of soybeans. After a trial the jury returned a verdict only against Continental Grain Company. The judgment followed the verdict. Continental Grain filed a motion for judgment notwithstanding the verdict or alternatively for a new trial. The motion for new trial was later amended, and after the defendant’s motions were denied, it appeals. Held:
It has been stipulated here that the shipment of the soybeans,
Judgment affirmed.