53 Ga. App. 712 | Ga. Ct. App. | 1936
“A corporation charged with a duty to the public can not, by sale or otherwise, dispose of its property or franchises so as to relieve itself from liability for acts done or
Independently of the statutory duties required by the Code, §§ 18-314, 18-315, that railroad companies shall “furnish to any grower of peaches, apples, cantaloupes, watermelons, or other perishable products, suitable icing and refrigerator-cars, or other suitable cars for the transportation of such products, whenever application is made therefor in writing by the shipper 24 hours in advance of the time such car or cars are wanted for loading,” or required by other Georgia statutes as to the furnishing of cars, a common carrier has a common-law duty to furnish cars suitable “for transporting, without unreasonable delay, the usual and ordinary quantity of freight [which is] offered to it, or which might be ordinarily expected in its business;” and although ordinarily it may not be bound, under its general duty as a common
The instant petition as amended sued for the difference in the market price at Chicago of a car-load of asparagus, shipped from Fort Valley, Georgia, which it would have realized if the car had arrived at its destination in good condition, and the “best price obtainable for the asparagus in its damaged condition” as it arrived in Chicago. It was alleged that this damage occurred because of the failure and refusal of the railroad corporation, operating trains over the right of way of the defendant corporation, to furnish at the place of shipment a sufficiently large refrigerator-car for proper transportation of the asparagus, although such a car was expressly requested, had been customarily furnished for two years, and the smaller and unsuitable car was received under protest and with notice to the carrier that it would be held liable for any damage resulting. from the failure to furnish proper equipment. While the shipment was interstate, the petition was not brought against an initial carrier by the plaintiff as holder of
Although the price at which a fruit or vegetable is sold when it arrives at its destination in a damaged condition is not “the proper criterion of value in estimating the damage,” and the proper measure in a case of this nature is the difference in the market value of a like product if it had been transported with proper equipment, and such value in the condition in which it arrived with the alleged improper equipment, evidence of the price realized by such a sale would be “admissible as a circumstance in determining the market value” which prevailed at the time for the product in its damaged condition. See Central of Ga. Ry. Co. v. Greene, supra. Where a suit for failure to furnish cars is based on the Code, §§ 18-314 and 18-315, the measure of damages prescribed therein being the sole and exclusive measure in any suit brought under such statutes, the market value of
The averments relative to the customary furnishing of the alleged suitable larger refrigerator-cars to the plaintiff for two years, and the familiarity of the carrier with his refrigerating requirements, were not subject to special demurrer on the ground that they were irrelevant and immaterial. Nor, where it was alleged that the plaintiff “was engaged in the handling of shipments of asparagus” from the place of shipment and surrounding territory “as a general consignee” for several years, but it was also alleged that the particular shipment was “billed” by the plaintiff at the place of shipment and “ consigned” to himself at the place of destination, could the plaintiff be required to allege whether the legal title was in himself or in others. Nor were the allegations as to the difference in proper and sufficient refrigeration between the larger car previously furnished, and the smaller car in question, merely “conclusions” of the pleader and “vague, indefinite, and insufficient in law.”
While the general grounds and all other special grounds of the demurrers were properly overruled, the 5th special ground should have been sustained as to that portion of the 8th paragraph, which alleged that after the injury from the failure to furnish the larger refrigerator car had occurred, a representative of the operating carrier came to the place of shipment, “took out the small cars, and, as far as this petitioner is concerned, furnished him with large cars, and that no difficulty whatever was had in the transportation of asparagus in the large cars.” This
Judgment affirmed in part and reversed in part.