29 Ga. App. 615 | Ga. Ct. App. | 1923
The plaintiff in error sued J. B. Payne, agent of the United States railroad administration, operating the Atlanta, Birmingham & Atlantic Bailroad, for damage alleged to have occurred to a carload shipment of bananas, by reason of the defendant’s negligence during its transportation over the line of the defendant, as the last connecting carrier. The shipment originated at Mobile, Ala., and its destination was Fitzgerald, Ga., under a special contract of affreightment in which the Fruit Dispatch Company was the consignor and the plaintiff was the consignee.
' The evidence was such' as to raise issue's for determination by the jury, upon both of the allegations of negligence hereinbefore referred to, and the direction of a verdict for the defendant was error. Another ground of negligence, not yet specifically mentioned, was that the carrier failed to notify the plaintiff promptly of the arrival of the shipment, as it was claimed by the plaintiff the carrier should have done under an alleged universal custom; but upon this point there was not sufficient evidence to raise any issue.
Judgment reversed.