Gulf & Chicago Railroad v. Horton
Gulf & Chicago Railroad v. Horton
Opinion of the Court
delivered the opinion of the court.
The liability of a railroad company as a common carrier does not terminate until the freight has reached the point of destination in good order, notice of its arrival has been given to the consignee, and a reasonable time allowed for its removal. This is the law, irrespective of any custom on the part of railroad companies. Alabama & V. Railway Co. v. Pounder, 82 Miss., 568 (s. c., 35 South., 155). There is no merit in the contention that, as the loss occurred prior to the decision in that case, the appellant is not liable. In the instant case the undisputed proof is that no notice was given appellee of the arrival of his freight. There was, therefore,, nothing for the jury to pass upon, and the peremptory instruction was properly granted.
Affirmed.
Reference
- Full Case Name
- Gulf & Chicago Railroad Company v. Fuqua Horton
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Carriers. Liability for freight. Notice of arrival. The liability of a common carrier of goods as carrier continues until a reasonable time for their removal has elapsed after the carrier gives the consignee notice of their arrival at the point to which they were shipped. 2. Same. Custom not to give notice. Á custom of a common carrier not to give notice to the consignee of the arrival of goods will not terminate its liability as carrier, but the same will continue until such notice is given.