Southern Express Co. v. Potter Bros.
Southern Express Co. v. Potter Bros.
Opinion of the Court
delivered the opinion of the Court.
Potter Bros., a mercantile firm doing business at Sparta, brought this action to recover the value of a steel burial vault consigned to them by express.
The undisputed facts are: That the vault reached Sparta about two o’clock in the afternoon. The express company at that place had in its employ a driver whose duty it was to deliver packages to consignees who lived within the corporate limits. Shortly after the vault arrived at the depot, in which was the express office and wareroom this employee delivered several small packages to the firm, and at the same time collected the carriage charges on those packages and .on
The driver at nightfall, instead of leaving the vault on the platform, put it inside the warehouse, where*all express matter was stored for safe-keeping.
The depot (including the platform) was destroyed by fire during the night of the same day, and the only proof on the point is to the effect that the vault would have been rendered worthless by the fire if it had been left on the platform.
The circuit judge and court of civil appeals have held the express company liable as carrier, and therefore insurer. If the vault was held by the company as warehouseman at the time of the fire, it is not contended that culpable negligence on its part is shown.
The duty of an express company in respect of a delivery of- consigned articles differs, usually and here, from that resting on railway carriers, in that it is required to deliver the goods to the consignee in person, or to his authorized agent, at his place of business or
However, the rule is subject to qualifications. One of these is that a delivery at such a place of business may be waived by the consignee. Where there is an offer to make delivery, declined by the consignee in order to serve his convenience, the company’s “liability as a common carrier is from that moment at an end, and the consignee has no power to prolong that liability, however inconvenient it may be for him to receive the goods.” 4 R. C. L., sec. 281; Marshall v. American Express Co., 7 Wis., 1, 73 Am. Dec., 381; note to Bullard v. American Exp. Co., 61 Am. St. Rep., 375; Young v. Smith, 3 Dana (Ky.), 91, 28 Am. Dec., 57, 60; Southern Exp. Co. v. Holland, 109 Ala., 362, 19 South., 66; Kremer v. Southern Exp. Co., 6 Cold. (46 Tenn.), 356.
In this case the company’s offer of prompt delivery was followed by the consignee’s request that the vault be left where it then laid — on the depot platform — so that its further movements therefrom to the cemetery might be made by the servants of the consignees. This terminated the liability of the carrier.
“Where the carrier is ready to deliver the goods, but on account of the lateness of the hour they are left in the depot overnight, at the consignee’s request, although probably for the convenience of both parties,
The fundamental error in the argument of the court of civil appeals is the assumption that the original duty to deliver had not been performed and would not be until-the vault was placed on the platform. By the undisputed testimony, it was on the platform when the consignee’s instructions were given that it be left there. Its only movement from that place was into
Writ of certiorari granted. Reversed, with judgment here for the express company.
Reference
- Full Case Name
- Southern Express Company v. Potter Bros.
- Status
- Published