Yazoo & M. V. R. v. Peeples
Yazoo & M. V. R. v. Peeples
Opinion of the Court
delivered the opinion of the court.
That freight can ordinarily be transported by rail from Concord, Georgia, to Grenada, Mississippi, in much less time than thirty-one days is a matter of common
Since the evidence did not disclose that the lower freight rate, granted appellee because of the valuation placed by the shippers upon the trees, was 'based upon a schedule of rates filed with and approved by the Interstate Commerce Commission, the rule announced in Express Co. v. Croninger, 226 U. S. 491, 33 Sup. Ct. 148, 57 L. Ed. 314, has no application, and the court below correctly permitted appellee to recover the true value of the trees injured.
Appellee was entitled to recover the market value of these trees. The only evidence of value introduced on the trial was the price at which he had sold them, and this, in the absence of evidence to the contrary, was sufficient to establish their market value, the sales having been made in the ordinary and usual way and there being no evidence of collusion or fraud therein. 13 Ency. of Evidence, 538, and authorities there cited. _
No assignment of error having been filed by appellee and cross-appellant, the matters by him complained of are not presented to us for review.
Affirmed.
Reference
- Full Case Name
- Yazoo & M. V. R. Co. v. L. L. Peeples
- Status
- Published
- Syllabus
- 1. Evidence. Judicial notice. Common 'knowledge. Carriers. Limiting liability. Agreed value. Market value. Injury to goods. It is a matter of common knowledge and need not be proven that freight can ordinarily he transported by rail from Concord, Georgia, to Grenada, Mississippi, in much less time than thirty-one days, and consequently a delay for such length of time in the transportation of freight from one of these places to the other, unexplained is unreasonable. 2. Carriers. Limiting liability. Agreed value. In a suit by a fruit agent against a carrier for injury to fruit trees caused by delay in shipment, where the evidence did not disclose that the lower freight rate, granted the shipper because of the valuation placed by the shipper upon the trees, was based upon a schedule of rates filed with and affirmed by the Interstate Commerce Commission, the trial court correctly permitted the shipper to recover the true value of the trees injured. 3. Cabriers. Loss or injury to goods. Market value. Where in a suit by a fruit tree agent against a carrier for injury to fruit trees, caused by delay in shipment, the only evidence of value introduced on the trial was the price at which he had sold them, this in the absence of evidence to the contrary, was sufficient to establish their market value, the sales having been made in the usual way and there being no evidence of fraud or collusion therein.