81 Ga. 792 | Ga. | 1888
The only question argued before us in this case was, whether the verdict was contrary to the evidence or not. "We have carefully examined the evidence sent up in the record, and we think that the verdict was right.
The plaintiff brought suit by attachment upon a contract or bill of lading, made by the defendant in Kansas City, whereby the defendant agreed with one Ayres to ship a certain quantity of flour from that place to Atlanta, Georgia, to the order of Ayres. Ayres, it seems, drew a draft on Haas, the plaintiff, and attached thereto the bill of lading. The amount of the draft, the date when drawn, and the time when Haas received it and accepted it, are not stated in the evidence. Haas testified that the flour ought to have arrived in Atlanta from Kansas City in from seven to ten days from the time of shipment. Instead of so arriving, it did not arrive until about a month after the date of the bill of lading, and by reason of this delay, Haas testified that he lost f163.00; that the price of flour between the date of the bill of lading and the timé óf its arrival had decreased so as to produce this loss. The defence of the railroad company was, that the delay in the shipment of the flour arose by reason of a strike of the operatives on one of its connecting lines, from which connecting line it was to receive the flour. The evidence shows that the employes of that railroad company had struck for higher wages, and had ceased to work for the railroad company; that they had refused to work, and by violence prevented other employés from working for the company. The evidence shows that, after the company had succeeded in employing new hands, obstructions were put upon the tracks and trains derailed and bridges burned,
Haas says in his testimony that when he bought this flour, he thought it was on the line of the defendant’s road; whereas in truth it was not on that line, but on the line of one of its connecting roads, and this connecting road was the 'one on which the strike occurred which delayed the flour; that if he had known it was not on the defendant’s line of road, he would not have purchased it. The evidence shows that Ayres, from whom Haas received the bill of lading, kixew whexx he got the bill of lading from the company that the flour was not on the line of its road, but on this connecting line. And Ayers having received the bill of lading with knowledge that it was not in possession of the defendant, hut on the connecting line of road, he could not recover damages from the defendant for delay in the delivery of the flour, if the connecting line was prevented from shipping it by the acts of an armed mob. For the se reasons, we affirm the judgment of the court below in overruling the motion for a new trial.
Judgment affirmed.