Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-12-22

0 FFICIAL.

Opinions of the Supreme Court of the
state of Tennessee, ut Jackson, ApriI
Term, 1859.
j. L. Dean, and other Of Steamboat Glendale ga A.
FIccAro & Co.
This suit was instituted TO recover the value Of
several boxes of cigars forwarded by the steamboat
Glendale from Cincinnati to the defendants in error,
who received and did business in Memphis. They
were landed on the wharf at Memphis, aid deliver
ed over to one of the city draymen by the clerk of
the boat to be carried to the consgnee Naccar0 but
never delivered to him On the arrival of the boat
the bill of ladng was handed TO NaccArO. but no
other notice given him the subject and il does
not appear by the case agreed that he in fact had
anv notice OF arrival of the boat further than it
might be implied from the receipt of the bill of la
ding The boat landed at the port on Sunday. and
on the next day she unloaded and the cargo
turned out on the wharf at the usual place of land
ing and the goods in question placed in charge of
drayman as before stated There is no evidence
that Yaccaro was cOgnizant of any of these facts,
or that any authority given by him, for that
modes dealing, except it may be implied from the
usage of the port
The case was presented by agreement to the
Court below upon the fac.s and the law. About
| the facts there is no dispute as they are clear
| ly set forth by the parties in the form Of an
| agreed case, and are substantially, 50 far as
| they material TO raise the question of law,
stated above. What shall be sufficient delivery to
discharge a common carrier, by water, has given
the Courts some difficulty in all commercial cOun-
tries. The general rule to carriers is, that they
shall deliver goods entrusted to them to the bailoE
| or consignee. ms agent as he may be otherwise
| directed II a. on Con. 65S-66O
As 10 the most important class of carriers by
land -Railroads, it is the usage founded upon the
necessity they cannot leave their rails deposit
reightentrusted them in their station warehouses;
| bat the owner cOnsignee must be notified Id.
663. Upon the necessity to extent
the steamboat ship cannot leave the water,
usage has ripened into law that delivery upon the
wharf public port with notice to tue cOnsi 5nee
will excuse the carrier by water.
When there is O contract for any particular mode
of delivery that will of Course govern. But where
the place and cOnsignee designated. and nothing
more the rule, that the delivery must be made TO
the owner, cOnslgnee, or some authorized agent or
safely landed upon the wharf at the designated place
of destination delivery, and prompt notice to the
cousigneC. ID. 664 and note 5.
If the goods are delivered to a drayman cartmsn
or any else not authorized by the cOnsignee TO
receive them, it is at the risk of the carrier.
The rules presented by the commercial and ma
rhine code for ocean trade and for foreign ports
may be different, and more favorable to the carrier
as to the mode of delivery but for the internal coast
ing and river trade of country, this rule alone
must govern and regulate the liability of the com
mon carrier Louisiana Rep, pa cited by Parsons
in note ,.
The authorities not in harmony in relation to
the duty of the carrier in the coast river trade
The case of Ostander VS.. Brown in 10 johnson 49,
to require actual delivery to the consignee
to discharge the carrier from responsibility. But
the conclusion of Mr.. Parsons that delivery at the
usual place at the port to which the goods are di
rected consigned, with the previous knowledge of
the cOnsignee by notice otherwise think most
reasonable and believe supported by authority To
require personal delivery, would many cases, be
impractcable and operate seriously on the geneI al
interests of trade and speedy transportation There
can be injury to the consgnee, with proper dill
gence and attention to his interest when the goods
delivered at the proper wharf or landing if he
has knowledge of the tact. But without this, the
aoods would be put improperly with great danger
of loss.
But even upon this relaxed rule of accountable
ity, how does this stand: There is sufficient
evidence that the cOnsignees had any knowledge of
the arrival of the goods The delivery CT the bill
Of ladins by the agent offered evidence that the
boat had arrived the time when it would arrive.
II would not amount to notice of the time rails
any reasonable presumption of it. To excuse the
carrier, and relieve him Of his legal responsibility,
notice must be given knowledge otherwise fixed
upon the cOnsignee not only that the goods have
been skipped or on the way, but that they are
on the wharf, SO that they may be taken charge of
once, and secured from hazard by the person
interested. This important fact is not made in the
case before Us, and therefore the defendants are
properly held Liable The usage custom Of that
port cannot be allowed to notice. it is enough
to give the effect of dispensing with actual deliv
cry to the consignee Nor can the custom Of
delivering goods to public draymen have the effect
of supercedng the requirements Of the law on this
subject.
That this cOnsignee and many others had submit
ted to it before, when loss occurred, would not
bind them to yield their legal right to notice when
it became their interest to arrest it. Such Gus
tom cannot change the law in that respect.
question is made to the measure of damages. |
The Court allowed the value OF the goods at Merl
phis instead of their cost at Cincinnati There was
a difference of 500. At the latter place it is agreed
they were worth or cost $780, and at the former |
500. Where a carrier makes wrong delivery. or |
fails to deUer to become liable the nett value
OF the goods at the place of delivery is the
of damages Parsons on Con. 46S I; Johns |
2I3; Is Johns "a The case in Hay. is not in con-
fict. That case prescribes the measure of dam !
ages to be the value the place of reception, and
not delivery where there is fault neglect but
admits it would be difficult when there exists.
The judgment will be affirmed. CARUTHERs.
Test ". d. WELCH. Clerk.