123 Ga. App. 231 | Ga. Ct. App. | 1971
Thurston Motor Lines contends that North Georgia Express Company was the consignee and its liability ended on delivery at the address of North Georgia Express Company, since the bill of lading was to "Robert E. Corry, Jr., c/o North Georgia Express Company.” All of the parties contend that the case is controlled by the Carmack Amendment, 49 USCA § 20 (11). The pertinent part of this statute is: "Any common carrier . . . subject to the provisions of this chapter receiving property for transportation ... to a point in another state . . . shall issue a receipt or bill of lading therefor, and shall be liable to the lawful holder thereof for any loss, damage or injury ... to such property caused by it or by any common carrier . . . to-which such property may be delivered or over whose line or lines such property may pass. . .”
Thurston contends that North Georgia Express Company is not a participating carrier in this instance in the. movement of goods with it, and that the evidence shows that it delivered the goods in good condition to North Georgia Express Company and is therefore not liable. However, the evidence is in conflict as to the condition of the goods when received by Corry and/or North Georgia Express Company. An employee for North Georgia Express Company states that one of the cartons was damaged when they were received by it. Upon delivery to Corry there is evidence that the furniture was damaged inside the cartons which could not be observed until unpacked. Since the trial court heard the evidence without the intervention of a jury, and there is evidence to support its finding, the court did not err in refusing to direct a verdict in favor of Thurston and in rendering judgment against it, there being evidence sufficient to support the same. An initial car
Judgment affirmed.