136 Ga. 677 | Ga. | 1911
The plaintiff in error sued the defendant in error for damages, making the following allegations: “The Central of Georgia Railway Company is a corporation under the laws of Georgia, a common carrier of freights, doing business in said county previous to and during the years 1906 and 1907 and up to now, and having an office and resident agent therein. That up to the- day of March, 1907, the defendant company had for many years previous • established a continuous custom of receiving for shipment and of shipping cordwood, placed on its right of way in said county, to such points as the shippers desired, the privilege of so placing 'said wood being extended by said defendant company to all persons, as well as to petitioner, who had prior to said time, to wit, March, 1907, shipped many cars of such wood by such defendant company’s railway, which wood had by him been placed on the right of way in said county at points convenient to where the wood was cut, to wit, near the one hundred and seventy-fifth and one hundred and seventy-seventh mile-post on said road. Petitioner, relying on such continuous custom and on his own course of past' dealings with said company, cut and corded during the months of August, September, and October, 1906, in said county,
There can be no question that a railroad company, as a common carrier, has no right to refuse to receive for transportation, at a station where it is accustomed to receive for shipment goods of a certain class, goods belonging to that class when properly tendered for shipment at the warehouse, or other place at such station, established by custom for receiving for shipment such goods. Eailroad companies, as common carriers, have the right to -establish reasonable rules and regulations as to the time when and the places at which thejr will receive goods for transportation. It would hardly, be expected that they would establish a custom of receiving for shipment large quantities of cordwood at a station, in warehouses wherein they receive and discharge their ordinary shipments. Cord-wood being bulky and shipped for the most part in car-load lots, and frequently in train lots, and being liable to deteriorate but lit-tie, if any, in value by exposure to the weather for a short time, it would hardly be expected that common carriers receiving such property for shipment would by contract, -or by an established custom, receive it at their regular stations in warehouses used for receiving and discharging other shipments. They would naturally be expected to receive and load, or have loaded, for transportation shipments of this character at points along their side or spur-tracks or the main line. In 4 Elliott on Eailroads, § 1411, it is said: “Goods are usually delivered to railroad companies at established stations, and they may refuse to receive them at unusual places. But the delivery may be sufficient although made at an unusual place to an authorized agent, or, under some circumstances, even if made at a place not an established station but where the company has habitually received freight.” Also see § 1413 of same volume. In 5 Am. & Eng. Enc. Law, 184, the following text is employed: “Custom of carrier to receive goods at place other than depot. — But such a deposit may.amount to a delivery when there is proof of a constant and habitual practice and usage on the part of the carrier to receive goods for transportation when they aro deposited for it in a particular place; proof of such a practice Is sufficient to show a public offer by the carrier to receive in that way, and to constitute an agreement between it and shippers by which goodr., when so deposited, shall be considered as. having been
It was not necessary that the plaintiff should haul and deposit on the right of way the wood he had cut, in order for him to have right 'of action because of the company’s refusal to receive it. Moore on Carriers, 117; Houston &c. R. Co. v. Campbell, 91 Tex. 551 (45 S. W. 2, 43 L. R. A. 225 (7), 226). The plaintiff alleged
Judgment reversed.