Alabama & Vicksburg Railway Co. v. Brichetto
Alabama & Vicksburg Railway Co. v. Brichetto
Opinion of the Court
delivered the opinion of the court.
Appellant had a contract of carriage of the appellee’s vegetables from Edwards, in this state, to Cincinnati, O. On the freight reaching Meridian, where the goods were to be delivered to the Alabama Great Southern Railroad, called the connecting' line, but really a link in the same system of which the appellant was also a part, it was found to be impossible to forward the freight over that road, by reason of a strike on that one line, which strike only prevented transportation one day. It was-the duty of appellant, in this unforeseen emergency, to communicate with the shipper, if convenient, and take his directions. It was altogether practicable to have notified the shipper in a few minutes, and to have taken his advice, but this the appellant failed to do. It was the duty of appellant, in the absence of orders from the shipper, to have exercised reasonable care to protect the shipper’s interests. This the carrier did not do when it turned these vegetables south, over another line belonging to its system of railway, to New Orleans, and there selling them at 8-|- cents per crate, when it could have forwarded the same by one of two other railways from Meridian to Cincinnati, where the tomatoes would have brought the shipper 67-£ cents per crate.
Affirmed.
Reference
- Full Case Name
- Alabama & Vicksburg Railway Co. v. D. Brichetto
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Raileoads. Strike. Dimerting freight. Duty to sMpper. Damages. A railroad company, having' transported vegetables consigned to a northern market to the junction of its road with another road in the same system, and finding that, because of a strike, they cannot be forwarded over that road, instead of sending them by another available route, without communicating with the shipper, as could easily be done, diverts them to a southern market, where they are sold at a sacrifice, is liable in damages.